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(영문) 창원지방법원 2018.09.13 2017고단3218
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant, as the representative director of D Co., Ltd. in Changwon-si, worked in the said workplace on April 30, 2017, and was not paid KRW 3,821,80,700 on February 30, 2017, wages of KRW 3,821,80,00 on March 3, 2017, wages of KRW 3,200,000 on April 3, 2017, retirement allowances of KRW 42,112,687, total amount of KRW 52,517,187 on April 1, 207, without agreement on the extension of the payment period between the parties, and was not paid within 14 days from the date of retirement, as indicated in the attached list of crimes.

(2) the Corporation.

In light of the records, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it is a crime falling under Articles 109 (1) and 36 of the former Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's express intent under Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. The records show the fact that the above victims expressed their wish not to punish the defendant after the indictment of this case.

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