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(영문) 춘천지방법원 강릉지원 2020.05.06 2020고정18
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates a sanatorium for older persons by using three full-time workers as the operator of the C Care Center located in Gangnam-si in Gangwon-do. From October 1, 2018 to October 30, 2018, the Defendant worked in the above workplace and did not pay 1.8 million won wages for the month of October 1, 2018 to October 28, 2018 of retired workers D; and did not pay 1.2 million won wages for the month of October 12, 2018 to 200,000 won of retired workers E; from October 12, 2018 to October 29, 2018 to 200,000 wages for the month of October 29, 2018 to 200,000 wages for retired workers from the workplace without agreement between the parties to the retirement within 14 days, respectively.

2. The above case 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 same Act. According to the contents of each agreement submitted by the defense counsel, it can be acknowledged that the victims have withdrawn their wish to punish the defendant on April 29, 2020 after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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