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(영문) 광주지방법원 2018.03.06 2018고정77
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a representative director of C, a corporation with the location of 301 building in Gyeyang-gu, Incheon, who runs a construction business using 25 full-time workers.

Defendant Company served from September 21, 2016 to September 25, 2016 of the same month on the job site executed by the said Company and did not pay KRW 4,830,000 (E, F, G, H, I each 600,000, J 480,000, K 1,350,000, respectively) of the retired workers on September 26, 2016 of the same month within 14 days from the date of retirement without any agreement on the extension of the payment period between the respective parties.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the will expressed by the victim pursuant to Article 109(2) of the same Act.

In doing so, on January 9, 2018, after the indictment of this case, the above workers submitted a letter of withdrawal of their wish to be punished against the defendant on January 9, 2018. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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