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(영문) 대전지방법원 천안지원 2017.03.31 2017고정198
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who ordinarily employs 30 full-time workers and engages in the manufacturing industry (animals, fertilizers, etc.) as the representative director of the BC located in Ansan-si.

Wages shall be paid at least once a month on a fixed date.

Provided, That this shall not apply to wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the defendant did not pay the total of KRW 17,952,917 on the fifth day of each month, which is the date of the regular payment of wages, as shown in the list of crimes in the attached Form, such as the amount of KRW 3,259,000, which was employed and worked in the above workplace on September 17, 2009.

2. Determination

(a) A case for which a public prosecution may not be instituted against the clearly expressed will of the victim (Article 109(2) of the Labor Standards Act);

B. Withdrawal of wishing to punish the injured party after the indictment of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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