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(영문) 광주지방법원 2018.02.20 2017고단5576
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case did not pay KRW 138,750 of wages and retirement allowance 2,460,928 of the retired worker D in May 1, 2017 at the same workplace while the Defendant had operated C in Gwangju Northern-gu, and had been working for the said workplace from November 1, 2013 to May 13, 2017, within 14 days from the date of retirement, which is the date on which the relevant cause for payment occurred, without any agreement between the parties on the extension of the date of payment.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In such a case, the relevant employee withdrawn his/her wish to punish the Defendant after the prosecution of this case, and thus, the relevant employee (see the written agreement submitted on December 6, 2017 and the withdrawal of the complaint) is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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