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(영문) 광주지방법원 2017.01.20 2016고정1764

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant used a full-time employee in Seo-gu, Seo-gu, Gwangju to engage in insurance sales business by making use of one worker at the 11th floor of the building in Gwangju, and the Defendant was employed from July 31, 2012 to January 21, 2013 at the said workplace and retired from the said workplace, 90,000 won out of the amount of divided wages on September 21, 2012, 78527 won out of the amount of divided wages on November 201 of the same year, 150,000 won out of the amount of divided wages on December 201 of the same year, and 3,978,520 won in total, and 1.5 million won in wages on January 3, 2013, from April 9, 2012.

5. It is the fact that, while serving until April 24, 2012, E retired from office, the sum of KRW 9,50,000 won for wages from April 9, 2012 to the 30th of the same month, and KRW 1,10,000 for wages from May 1, 2012 to May 24, 2012 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

This is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

According to the records, the above two workers can be acknowledged on December 16, 2016, which was after the prosecution of this case was instituted, that they expressed their intention 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.