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(영문) 춘천지방법원 강릉지원 2017.10.18 2017고단990
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant did not pay the amount of KRW 1,050,000 to workers B who worked from October 1, 2015 to May 21, 2017, as well as the amount of KRW 2,489,300 to workers who worked from May 1, 2017, and the amount of KRW 1,400,000 to May 21, 2017, as well as KRW 3,828,840 to workers who worked from July 1, 2015 to May 21, 2017, without agreement on the extension of the payment period.

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

According to the records, it is recognized that workers B and C have withdrawn their wish to punish the defendant by submitting each criminal agreement after the indictment of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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