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(영문) 광주지방법원 2019.10.10 2019고단2404
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant did not pay KRW 1,260,000 of the wages of C and D from March 23, 2017 to March 31, 2017, respectively, within 14 days from the date of retirement without agreement on the extension of the due date.

2. Determination

A. Crimes of non-compliance: Article 109(2) of the Labor Standards Act; Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 36 of the Labor Standards Act

(b) Declaration of non-acceptance of punishment: Submission of each letter of withdrawal of a complaint (C) and each letter of non-permission of punishment (D) containing the intent of non-prosecution of punishment against the defendant to the court on June 18, 2019 and September 3, 2019, which was after the institution of the instant case.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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