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(영문) 대구지방법원 김천지원 2018.08.14 2018고단236
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is the representative director of C Co., Ltd. in the Gu and the user who runs the business of manufacturing hand-on parts using eight full-time workers.

When a worker dies or retires, the employer shall, unless agreed by the parties concerned, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

A. From June 1, 2017 to January 31, 2018, the Defendant did not pay the total amount of KRW 2,388,938 of the wages of 9 workers from December 1, 2017 to January 2018, including KRW 30,806,451, as stated in the list of crimes, to 14 days from the date of retirement without agreement between the parties (2018 high group 236). (b) From June 26, 2017 to 205, the Defendant did not pay the total amount of KRW 3,109,540 from July 201 to August 31, 2017 to 205, from July 1, 2017 to 2017, to 3,500,000 workers E who worked from July 26, 2017 to August 17, 2017.

According to Article 109(2) of the Labor Standards Act, each of the above crimes cannot be prosecuted against the victim's explicit intent.

Accordingly, according to each written agreement bound in the trial records of this case, the fact that workers D, H, and I withdraw their wish to punish the defendant on May 15, 2018, and workers J, K, L, L, M, N,O on May 31, 2018, workers E, F, and G on June 30, 2018 can be acknowledged after the prosecution of this case.

Therefore, Article 327 No. 6 of the Criminal Procedure Act is applicable.

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