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(영문) 광주지방법원 목포지원 2015.09.11 2015고단786
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Category C (State) in Yong-nam Cancer B.

The Defendant, from September 1, 201 to January 28, 2015, worked in the said note C and did not pay KRW 17,877,350, total amount of wages and retirement allowances from November 1, 2014 to January 2015 of D, within 14 days from the date of retirement, and did not pay KRW 17,87,350, total amount of wages and retirement allowances from around November 1, 2014 to January 28, 2015 to 14 days from the date of retirement as shown in the attached list of crimes.

As a result, the Defendant did not pay wages and retirement allowances within 14 days from the date of retirement without agreement on extension of the payment period between the parties concerned.

2. The facts charged in this case are those falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, Articles 109 (1) and 36 of the Labor Standards Act, and shall not be prosecuted against the express will of the victims under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 109 (2) of the Labor Standards Act.

However, according to the records of this case, it is recognized that all workers in the facts charged of this case expressed their intent not to be punished against the defendant on July 29, 2015, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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