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(영문) 광주지방법원 해남지원 2016.03.10 2015고단566
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the limited company C in the Gun, is an employer who runs a construction business with seven full-time workers, both of whom are in the remaining parts of the charges.

An employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, such as the death or retirement of a worker.

The Defendant had worked in the said limited company C from October 20, 2012 to June 12, 2014, and did not pay KRW 4,910,00 on November 1, 2013 of D-based wages of the person who had retired from office around that time; KRW 4,930,000 on December 2, 2013; KRW 4,930,000 on January 4, 2014; KRW 4,250,000 on February 20, 2014; KRW 4,930,000 on March 4, 200; KRW 4,760,00 on April 4, 2014; KRW 250,000 on May 40, 2014; and KRW 300,50,400 on the retirement date; and

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, on February 22, 2016, after the institution of the instant prosecution, a written withdrawal of the complaint indicating that D did not wish to punish the Defendant was submitted to this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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