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(영문) 창원지방법원 2018.12.14 2018고정568
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. C in the facts charged, is an employer who runs a gold machine manufacturing business with 25 full-time workers.

From September 3, 2012 to July 31, 2017, the Defendant did not pay KRW 2,675,200, the sum of KRW 1,295,800, the bonus of May 2017, and KRW 689,70,70, the bonus of May 2017, and KRW 689,70, the bonus of May 2017, within 14 days from the date of retirement without agreement on the extension of the date between the parties.

2. Determination and conclusion are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, it is recognized that the above worker expressed his/her wish not to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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