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(영문) 창원지방법원 2017.07.04 2017고단1831
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant employed three full-time workers as the representatives of the C cafeterias located in 110 in Kimhae-si B, and was an employer who runs food business by employing three full-time workers. From November 3, 2015 to January 24, 2017, the Defendant worked as a principal assistant at the said place of business and did not pay wages of KRW 1,032,258 of the retired workers D and retirement allowances of KRW 1,925,431 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

(2) the Corporation.

In light of the records, it is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The above victim can be acknowledged as having expressed his/her wish not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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