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(영문) 광주지방법원 목포지원 2016.03.11 2015고정343

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a user who has run a construction business with ten full-time workers as the representative director of C Co., Ltd. in the light of the facts charged.

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.

Nevertheless, the Defendant had worked from May 31, 2013 to September 13, 2013 and retired from office D’s wages of KRW 990,720 on July 7, 2013, and the amount of KRW 2,286,720 on September 2013, and the amount of KRW 2,276,720 on September 20, 2013, and did not pay KRW 34,349,520 on the extension of payment date, as described in the attached list of crimes in the attached list of crimes.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victims’ express intent. Since all victims expressed their intention not to punish the Defendant after the instant indictment was instituted, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.