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(영문) 광주지방법원 2017.10.31 2017고단3051
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, while operating a stock company in Seo-gu, Seo-gu, Gwangju, did not pay KRW 1950,000 from May 1, 2015 to May 13, 2015, wages of KRW 1950,000 to retired workers D, without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. The employee D withdraws his/her wish to punish the Defendant after the instant indictment. As such, the victim’s employee D withdraws his/her wish to punish the Defendant (see, e.g., written withdrawal of the petition submitted on July 17, 2017). The indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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