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(영문) 광주지방법원 순천지원 2017.03.16 2016고정17
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant carried on a personal construction business using four full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within 14 days after the cause for such payment occurs.

Nevertheless, the Defendant did not pay the total of KRW 4,560,000 as wages of KRW 2,300,000, and KRW 2,260,000,000, working for work from August 1, 2014 to October 1, 2014 at the site of new construction works in the former Bosung-gun C, which were located in the Republic of Korea, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act.

In this regard, the above E/F's letter of punishment was submitted to this court on March 16, 2017, stating that the defendant does not want to be punished.

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

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