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(영문) 창원지방법원 2018.10.18 2018고단2214
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is the representative of Kimhae-si C, who employs two full-time workers and operates an industrial machinery manufacturing business. From July 13, 2017 to August 25, 2017 of D’s retired from office, the Defendant did not pay 100,000 won of wages in July 13, 2017, wages of 3740,000 won in August 2017, and total 38,000 won in total within 14 days from the date of retirement, which is the date on which the relevant cause for payment occurred, without agreement between the parties on the extension of the payment period.

(2) the Corporation.

However, this case is a crime falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the above victim can be acknowledged as having expressed his/her wish not to punish the defendant after the indictment of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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