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(영문) 전주지방법원군산지원 2020.08.26 2020고정121
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged in this case is that the Defendant is the representative of the A farm located in Hesan-si B and runs the agricultural business by using four regular workers, and is working from March 22, 2019 to August 11, 2019.

In addition to the wages of retired C, the total amount of KRW 9,914,00,00 was not paid within 14 days from the time when the cause for payment occurred without an agreement on extension of the due date for payment between the parties, such as the statement of overdue payment by individual, including the wages of retired C.

This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records of this case, three workers listed in the attached crime list, such as C, etc. (the details of arrears for each individual) can be recognized as having expressed his/her wish not to punish the defendant around August 2020 after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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