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(영문) 광주지방법원 2017.07.19 2017고정517
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who has operated the art-gu Manufacturing Business Co., Ltd. Co., Ltd. with five full-time workers at the Dong-gu, Gwangju Metropolitan City.

A. The Defendant did not pay KRW 1,145,620 on November 1, 2015, wages of KRW 1,800,000 on December 2015, 2015, wages of KRW 1,800,000 on January 2016, 2016, wages of KRW 1,800,000 on February 1, 2016, wages of KRW 1,800,000 on March 1, 2016, and wages of KRW 8,345,620 on March 31, 2016, without agreement on extension of the payment date between the parties.

B. The Defendant did not pay KRW 3,381,833 of D retirement pay, which was retired from the said place of business from December 1, 2014 to October 31, 2016, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

2. The above facts charged fall under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Labor Standards Act, and thus, a public prosecution may not be instituted against the victim’s explicit intent pursuant to Article 109(1) of the Labor Standards Act and the proviso to Article 44 of the Labor Standards Act.

In such a case, since the "written withdrawal of complaint" was submitted to the court on April 4, 2017, which was after the prosecution of this case, to the effect that workers D withdraws the defendant's wish to punish the defendant, the indictment of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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