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(영문) 광주지방법원 순천지원 2017.08.16 2017고단900
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in C in the facts charged, is an employer who was operating a public restaurant with two full-time workers at all times.

When a worker dies or retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant, at the above workplace from August 31, 2015 to December 4, 2015, did not pay 1,300,000 won for December portion of the victim D who retired from the above workplace and 1,30,000 won for the victim E who retired from office and 2,430,000 won for December portion of the victim E who retired from office from September 7, 2015 to December 14, 2015, without agreement on the extension of the payment date between the parties, within 14 days from the date of retirement.

2. Determination

(a) Crimes of non-violation of intention: Articles 109(1), 109(2), and 36 of the Labor Standards Act;

B. On April 24, 2017, after the institution of the instant indictment, the victims wish not to punish the Defendant.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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