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(영문) 광주지방법원 2016.08.18 2016고단1469
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who is the actual manager of the D Co., Ltd. that carried out the studio construction work in Ansan-si with five full-time workers located in Gwangju Mine-gu B and the fourth floor.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurs.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant’s wages of KRW 3,200,000 and January 2, 2015, working from December 17, 2014 to May 21, 2015, as well as the wages of KRW 3,200,00.

2. A Party did not pay the sum of KRW 5,360,000,000, which worked until December, 12, 200, within 14 days from the date on which the cause for payment occurred, without any agreement on extension of the due date for payment of money.

2. Determination

(a) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

B. Withdrawal of wishes to punish the Defendant after the indictment of workers E and F (i.e., August 1, 2016)

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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