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(영문) 광주지방법원 2013.09.10 2013고단3798
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual manager of the limited liability company C in Gwangju North-gu.

The Defendant, as a worker belonging to the foregoing workplace, worked in the package (E) in Naju City, from July 19, 2012 to January 4, 2013, the Defendant, while working in the package in Naju-si, did not pay KRW 2,124,970, the sum of KRW 116,640,000 from the date of his/her retirement to November 1, 2012, and KRW 1,186,220, wage for December 2012, and KRW 822,110, and wage for January 2013, 2013, without any agreement on the extension of the due date between the parties.

2. The judgment is a crime violating Article 109(1) and the main sentence of Article 43 of the Labor Standards Act, which cannot be punished against the employee’s will expressed in accordance with Article 109(2) of the Labor Standards Act. According to the records, G expressed its intent not to punish the Defendant after the instant indictment, and thus, this part of the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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