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(영문) 수원지방법원 2017.05.24 2016고정3098
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the actual manager of D Co., Ltd., Ltd., located in E in Essung City, who runs a service business using ten full-time workers.

The Defendant, who worked from January 21, 2016 to April 28, 2016, did not pay the total of KRW 34,028,09,000 for six workers, including KRW 3,700,000 in total, and KRW 3,000 in total, and KRW 2,800,00 in installments on March 201, 2016, and KRW 34,028,094 in arrears, as shown in the attached money and valuables sheet in arrears, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to the extension of the payment date.

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. On May 12, 2017, after the institution of the instant indictment, the withdrawal of the complaint and the statement of non-taxation that workers F, G, H, E, I, and J do not want to be punished against the Defendant are submitted.

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

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