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(영문) 창원지방법원 진주지원 2016.06.08 2016고정67

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative director of the D Co., Ltd. who conducts manufacturing business of agricultural machinery parts with 30 full-time workers at C in the city of Jinju-si.

From August 31, 2013 to May 31, 2015, the Defendant did not pay KRW 4,275,000 per month from November 2013 to May 2015, the total of KRW 225,000 per month from November 2013 to May 2015, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without having agreed to extend the payment deadline between the parties.

Judgment

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

According to the records, it is recognized that the victim submitted a written agreement to the court that the victim does not want punishment for the defendant after the prosecution of this case.

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