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(영문) 대전지방법원 천안지원 2014.05.08 2014고단379

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The facts charged in the instant case are as follows: “Defendant A is a Cfinancial corporation (main owner) representative of the third floor of the building B in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and is an employer who provides insurance services using three full-time workers; and Defendant A did not pay KRW 1,100,000 for September 1, 2012, which worked from July 1, 201 to February 28, 2013 at the said workplace; KRW 1,100,000 for October 1, 200; KRW 1,100,000 for November 1, 190; KRW 1,100,000 for December 1, 2013; and KRW 6,600,000 for the total amount of wages from February 1, 2013 to February 28, 200 for retirement without agreement between the parties concerned on the date of payment.”

However, this is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, it can be known that the victim D has withdrawn his/her wish to file a written withdrawal of the petition with the Defendant on February 4, 2014, which was after the institution of the instant indictment. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.