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(영문) 광주지방법원 2017.03.10 2017고단155
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the owner who runs real estate rental business using four full-time workers as the representative of the D Co., Ltd. located in Gwangju Dong-gu, Gwangju.

A. The Defendant did not pay KRW 2,200,00 on March 3, 2016, wages of KRW 1,393,333 on April 2016, which he/she retired from the said place of business as from August 6, 2014 to April 19, 2016, and KRW 3,593,333 on April 6, 2016, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

B. The defendant did not pay KRW 3,739,094 of the retirement pay of the above E, which was retired while working in the above workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, the main text of Article 44(1) and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

On March 10, 2017, after the prosecution of this case was instituted, the victim E may recognize the fact that he expressed his wish not to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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