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(영문) 춘천지방법원 원주지원 2021.01.21 2020고정185
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant, as the C representative director of the Co., Ltd. located in B, is an employer who employs 14 full-time workers and engages in manufacturing business.

Wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant did not pay KRW 2,313,00 in September 2019, and KRW 2,344,490 in October 15, 2019 to workers D who worked as the materials deputy head from around May 11, 2009 at the above workplace and paid KRW 71,709,620 in total of wages of KRW 71,70 in the number of workers9,620 on the 15th of each month, which is the date of the regular payment of wages, as shown in the list of crimes in the attached Table.

2. Each of the facts charged of the instant case is an offense falling under Articles 109(1) and 43(2) of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the same Act.

However, according to the records of this case, on November 10, 2020 and January 7, 2021, after the institution of the prosecution of this case, each of the above workers' written consent to withdrawal of complaint containing his/her wish not to punish the defendant, can be acknowledged. Thus, according to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of each of the facts charged of this case is dismissed. It is so decided as per Disposition.

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