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(영문) 광주지방법원 순천지원 2017.11.07 2017고단2019

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C Co., Ltd. in 1,00, is an employer who uses eight full time workers and operates painting business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, who worked from October 1, 2015 to August 30, 2016, did not pay KRW 1,200,000 for June 2016, wage of KRW 1,200,000 for July 2016, and wage of KRW 1,200,000 for August 2016, and total KRW 3,600,000 for KRW 3,00 for a payment period between the parties without any agreement on the extension of the payment period between them.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be punished against the employee’s explicit intent pursuant to Article 109(3) of the above Act.

In this regard, the withdrawal of a complaint that contains a statement that D does not want to punish the defendant was submitted to this court on August 17, 2017.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.