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(영문) 대구지방법원 경주지원 2020.06.11 2020고단151
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant who is the actual representative of C in Southern-gu, and the user who operates manufacturing business of industrial machinery within E in Young-si, Young-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working at C’s workplace located in the week, did not pay KRW 1,245,00,000 in total, as wages of KRW 450,000 for May 2018 of 2018 and wage of KRW 570,00 for June 2018, as wages of KRW 1,020,00 for the same worker G as wages of KRW 600,00 for May 2018, and wage of KRW 645,00 for June 2018, as wages of KRW 645,00 for each worker.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Since the victim’s employee after the instant indictment was instituted, it can be acknowledged that the victim’s employee expressed his/her intent not to be punished against the Defendant, the instant indictment is dismissed in entirety pursuant to Article 327(6) of the Criminal Procedure Act.

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