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(영문) 광주지방법원 2017.04.14 2017고단1013
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant worked in the Gwangju Office of the Co., Ltd. from April 12, 2010 to July 22, 2016 at the Gwangju Office of the Co., Ltd. and did not pay KRW 3 million and retirement allowance of KRW 19,472,414 as well as KRW 14 days from the date on which the grounds for each payment occurred, without agreement between the parties to the extension of the payment deadline.

2. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act (the fact that gold is not liquidated), Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act (the fact that payment is not made) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. It is recognized that the injured person C explicitly expressed his/her intention not to punish the Defendant on February 14, 2017, after the prosecution of this case.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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