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(영문) 창원지방법원 2020.05.26 2019고정526
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual representative of the Co., Ltd. B located in Changwon-si, who runs a manufacturing business by employing five full-time workers.

The Defendant, from April 3, 2018 to September 15, 2018, is working as a designer in the foregoing company.

A retired C’s total of KRW 7504,090, including KRW 4,160,00 in August 2018, KRW 2,080,00 in September 2018, KRW 1,000 in bonuses, KRW 1,000 in year-end settlement refunds, and KRW 264,090 in year-end settlement refunds, did not pay KRW 7504,090 in August 208 within 14 days from the date on which the cause for such payment occurred without any agreement on extension

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the same Act. The records show that the victim submitted a written agreement after the closing of argument and expressed his/her wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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