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(영문) 광주지방법원 2018.02.08 2017고단5301
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, while actually operating the Co., Ltd. in Gwangju Northern-gu, from March 2, 2009 to April 30, 2017, worked in the said workplace and retired workers D’ wages of KRW 5,052,00 and annual leave allowances of KRW 4,414,915 and annual leave allowances of KRW 9,466,915 and retirement allowances of KRW 27,963,803, including three workers, such as those indicated in the list of crimes in the separate sheet of crimes, did not pay wages and retirement allowances within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment date.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In this case, the relevant employee of the victimized person withdraws his/her wish to punish the Defendant after the prosecution of this case (see, e.g., withdrawal of each complaint submitted on February 5, 2018) and the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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