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(영문) 인천지방법원 2017.05.11 2017고단1053
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs four full-time workers as a manager of a child care center C located in Bupyeong-gu Incheon Metropolitan City and operates a child care facility operation business.

An employer shall pay workers wages in full directly in currency at least once a month on a fixed date.

Nevertheless, the Defendant did not pay the total amount of KRW 10,116,430 for three workers, such as the daily wage table, as well as KRW 1,096,270, July 26, 2016, which had worked from February 26, 2016 to November 1, 2016, on the last day of each month ( July 31, August 31, and September 30), respectively.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. The victims submitted a written indictment after the prosecution of the instant case and expressed their intention not to punish the victims

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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