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(영문) 대구지방법원 경주지원 2021.01.07 2020고정151
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 the (ju) business place located at racing-si, who runs the urban bus transportation business using 295 full-time workers.

Wages shall be paid in full directly to workers in currency.

Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant paid wages on April 1, 201 to the end of the month as the wage calculation period and on April 20, 2017 at the above workplace, the Defendant did not pay KRW 1,291,464 out of the total amount of the wages when he/she paid D's monthly wages from April 1, 2017 to the bus driver.

2. The facts charged of this case are crimes falling under Articles 109(1) and 43(1) of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. Since the facts charged of this case can be acknowledged that the victim expressed his/her intention not to be punished against the defendant after the prosecution of this case was instituted, all of the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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