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(영문) 광주지방법원 2014.02.06 2013고정2448
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant facts charged was the D representative director in the third floor of the Seo-gu Seoul Building in Gwangju, and the total amount of KRW 6,640,733, which occurred during the same period of E working from August 21, 2012 to June 24, 2013, did not pay KRW 6,640,733 within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the instant case

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, E 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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