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(영문) 전주지방법원 2020.08.19 2020고정199
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of a limited liability company C in Busan-gu, Jeonsan-gu, the facts charged, is an employer who runs transportation business using 30 full-time workers.

The Defendant worked in the foregoing workplace from June 3, 2015 to August 31, 2019, and did not pay KRW 2,449,645, and the total annual allowances from February 1, 2015 to October 5, 2019, and paid KRW 3,230,381, and the total annual allowances from February 1, 2015 to October 2019 of E retired from office from February 1, 2015 to October 5, 2019, within 14 days from the date of retirement without agreement between the parties to an extension of the payment period.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. Since the prosecution of this case, a written agreement indicating the defendant's intention not to punish the victimized workers is submitted.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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