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(영문) 광주지방법원 장흥지원 2018.11.29 2018고단94
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is engaged in construction business by employing eight full-time workers as a substantial manager of the Company B company located in the Nam-gun, Southern-gun.

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

Nevertheless, the Defendant did not pay KRW 1,456,260 for eight workers within 14 days from the date of his/her retirement without an agreement on extension of the payment deadline, as described in the attached list of crimes committed in the attached Table, at the construction site of Gangnam-gu Seoul, and the Defendant did not pay KRW 14,281,260 for eight workers within 14 days from the date of his/her retirement without any agreement on extension of the payment deadline.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-rape of one's own will: An explicit expression of his/her intent not to punish a defendant after the prosecution of this case is filed by the damaged workers under Article 109 (2) of the Labor Standards Act (Submission of a written application not to punish a defendant or a written withdrawal of a complaint);

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

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