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(영문) 광주지방법원 2017.05.26 2017고정673
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative director of C in Gwangju Mine-gu, who runs a manufacturing business using 25 full-time workers.

When an employee retires, an employer shall pay wages within 14 days from the date on which the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in extenuating circumstances.

However, the Defendant did not pay KRW 1,500,000 for employees D's wages of the above workplace around August 31, 2016 at the above workplace, and did not pay KRW 7,596,181 in total for three workers as indicated in the following crime list within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without a mutual agreement between the parties to the payment.

Along with the period of full-time work in the name of the calendar of crime 2016 1D

1. 18. Above 100

8. 31. 1,500,000 won (8. Wages) 2 E

Above 300 up to or up to 3.

6. 3,916,666 (2,350,266 for May 2, 200, 6.00) 3F

Above 3. 18

6. 2,179,515 won (6. 1,453,709 won, 7. 7. 7. 725,806 won);

2. Determination of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. It is recognized that each damaged employee explicitly expressed his/her intent not to punish the Defendant on April 13, 2017, which is after the institution of the instant indictment.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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