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(영문) 춘천지방법원 2018.05.29 2018고단67

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of C Co., Ltd. in Seosan, is an employer who operates construction business and machinery and equipment using two full-time workers.

The Defendant did not pay the total amount of KRW 19,28,938 for three retired workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Form, as well as KRW 3,80,00,00 of the retired workers E, who worked in Switzerland D Corporation from May 1, 2016 to February 26, 2017, and KRW 3,528,571 of February 2017, as well as KRW 19,28,938 of the wages for three retired workers, without any agreement on the extension of the payment date between the parties concerned.

2. The facts charged of the judgment are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which may not be prosecuted against the victim’s explicit intent (Article 109(2) of the Labor Standards Act). After the instant indictment was instituted, an agreement was submitted to the court on May 25, 2018, stating that the victim’s wishes not to be punished against the Defendant.

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