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(영문) 광주지방법원목포지원 2020.08.11 2019고단1486
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of the limited liability company C in Yong-Namnam Cancer B, who runs a manufacturing business with ten full-time workers.

When a worker dies, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the foregoing workplace, worked from January 18, 2019 to June 30, 2019 and did not pay KRW 2,551,404, which is part of the wages of retired workers D, within 14 days from the date of each retirement, as shown in the separate crime list, including KRW 59,736,021, which is part of the wages of 2,551,404, from May 2019.

2. Determination

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

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. On December 24, 2019, after the institution of the instant indictment, a written agreement on December 24, 2019, indicating the Defendant’s intention not to punish victimized workers.

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

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