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(영문) 창원지방법원 통영지원 2020.06.24 2018고단1349
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the actual representative of the Co., Ltd. B.

The Defendant, from around December 26, 2017 to around March 9, 2018, worked as a main agent at the same workplace and did not pay KRW 90,297,523, in total, the amount of wages and annual refund of ten workers, including KRW 4,008,064, from January to March 2018, 2018, to March 9, 2018, within 14 days from each retirement date without agreement between the parties on the extension of the payment date.

B. The Defendant is working in the foregoing workplace as a regular business from February 8, 2018 to May 31, 2018.

D's wages of 5,00,000,000 won in May 2018, and has worked as the production director from February 19, 2018 to June 30, 2018.

The retirement E’s total amount of KRW 10,000,000 in May 2018, and KRW 10,000,000 in June wage of 5,000 shall not be paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. The facts charged are facts constituting a crime falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) or Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the said Act.

On March 22, 2019 and June 24, 2020, the instant workers submitted each written statement stating that they do not want to be punished by the Defendant to this court after the instant indictment was instituted.

Pursuant to subparagraph 6 of Article 327 of the Criminal Procedure Act, all of the prosecution of this case is dismissed.

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