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(영문) 창원지방법원 마산지원 2019.10.15 2019고정183

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer as a business manager who employs seven full-time workers as the representative director of the Masan-si building B and D (ju) in Changwon-si, the Defendant is an employer.

The employer shall pay wages, compensations, and all other money and valuables to the worker within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 1,00,000 won in total of wages in arrears, including 1,200,000,000 won in August 16, 2018 to December 31, 2018, which were worked as a director in charge of non-standing legal affairs at the above workplace, within 14 days from the date of occurrence of the cause for payment without agreement on extension of the payment period between the parties concerned, without any ground for payment. < Amended by Presidential Decree No. 28740, Oct. 1, 2018; Presidential Decree No. 20000, Oct. 1, 2018; Presidential Decree No. 20000, Nov. 1, 2018; Presidential Decree No. 20000, Dec. 1, 2018; Presidential Decree No. 28075, Dec. 31, 2018>

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act.

However, according to the letter of withdrawal of complaint received on October 14, 2019, which was after the closing of argument, it is recognized that E of victimized workers only agreed with the defendant, and it is interpreted as an intention of not wanting to punish the defendant.

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