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(영문) 서울남부지방법원 2018.10.24 2018고정1032
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C Co., Ltd. (111) of Gangseo-gu Seoul Metropolitan Government building A, who employs two full-time workers and operates a mother and child manufacturing business. From February 7, 2017 to December 31, 201 of D’s retired from the said place of business, the Defendant did not pay KRW 8,026,666, total wages of KRW 2,80,000 on July 7, 2017, and wages of KRW 2,426,666, and wages of KRW 2,80,000 on September 20, 2017, and KRW 8,026,6666, as well as wages of KRW 2,80,00 on October 10, 2017, without agreement on the extension of the payment date.

2. The instant crime is a crime falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. According to the submitted data, the Defendant and the victim involved in the overdue payment of wages in this case submitted a protocol of mediation as indicated in the attached conciliation clause on Jun. 8, 2018 between the Seoul Western District Court 2018 (S. 2050) and the victim. The Defendant paid KRW 2 million to the victim on Aug. 29, 2018, and submitted the above protocol of mediation to the court on Oct. 22, 2018.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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