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(영문) 서울중앙지방법원 2018.07.26 2018고정1342
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the co-representative of the C Co., Ltd. in Jung-gu Seoul Metropolitan Government, who is engaged in wholesale and retail business with one full-time worker.

Wages shall be paid in full in currency once a month on the fixed date.

Nevertheless, the Defendant did not pay the full amount of wages of KRW 50,00,000 to retired workers D on March 16, 2015 through January 31, 2016 at the same place of business, with the wage of KRW 50,000,000 on April 2015, the wage of KRW 1,00,000,000 on June 2015, the wage of KRW 1,500,000 on July 2015, the wage of KRW 1,50,00,000 on August 20, 2015, the wage of KRW 1,50,000,00 on September 1, 2015, the wage of KRW 1,50,000,00 on October 1, 2015, and the wage of KRW 50,000 on October 1, 2015 on October 10, 2015.

2. Determination

(a) Crimes of non-violation of Intention: Article 109(2) of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

(b) He/she shall express his/her intention not to punish a person after prosecution;

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

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