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(영문) 대구지방법원 2017.12.12 2017고단5606
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is a business operator who operates manufacturing heat treatment machinery by employing two full-time workers as a business operator of the company in charge of the management of the company in the Gyeongbuk-gun B.

Defendant D’s employee who retired from the said workplace from office from February 2, 2017 to May 20, 2017; and

5. Total wage of KRW 4,247,760 and workers E on April 2017; and

5. A total of 6,230,560 won was not paid within 14 days from the date of retirement for which the grounds for payment occurred, without agreement between the parties on the extension of the due date for payment.

2. Determination

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

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

C. Around October 16, 2017, the prosecution of this case, submission of a statement of withdrawal of complaint containing an employee D on October 16, 2017, and on December 5, 2017, a worker E’s intent not to punish each Defendant.

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

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