logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2017.09.14 2017고단149
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant’s summary of the facts charged is an employer who employs four full-time workers while operating “C” in the Gun of South and North Korea. If a worker retires, the employer must pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 31,49,900 of the wages of the retired worker E while working in the same period from June 25, 2014 to July 8, 2016 at the same place of business, and the total of KRW 31,49,900 of the wages of the retired worker E while working in the same period, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

According to the records of this case, on September 13, 2017, after the institution of the public prosecution of this case, the written request for non-prosecution of criminal punishment can be recognized as the facts submitted to this court that all the damaged workers as stated in the facts charged of this case do not want punishment against the defendant. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure

arrow