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(영문) 창원지방법원 2018.11.14 2017고정1028
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a construction business by ordinarily employing 15 workers at the window D of Changwon-si without any separate trade name.

From May 14, 2015 to August 31, 2016, the Defendant did not pay KRW 7,720,000, the sum of KRW 4,200,000 on July 7, 2016, and KRW 7,720,000 on August 2016, as well as the amount of KRW 3,520,00 on August 14, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment period.

2. The facts charged in the instant case constitute a crime for which a public prosecution may not be instituted against the employee’s explicit intent in accordance with Article 109(2) of the Labor Standards Act by falling under Articles 109(1) and 36 of the Labor Standards Act.

According to the records, the employee F expressed his/her intention that he/she does not want the punishment of the defendant 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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