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(영문) 창원지방법원 2019.03.26 2019고단57
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative director of C in Kimhae-si, who runs a manufacturing business with four regular workers.

The Defendant has worked as a designer from April 10, 2018 to September 30, 2018 at the same place of business.

D's total amount of wages of 4,454,540 won in July, August, 2018 and September, as well as total amount of 23,789,035 won in total and total of 15,47,364 won in total, as shown in the annexed crime list, did not pay 39,266,39 won in total within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits

However, since victims withdrawn their wish to punish the defendant on December 5, 2018 after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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