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(영문) 수원지방법원 평택지원 2013.12.05 2013고정455

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the D laundry site located in Pyeongtaek-si C, employed by the Defendant, and worked from November 7, 201 to May 12, 2012 and retired from office from office from November 7, 2011 to December 6, 201, and the amount of wages of 1,60,000,000 won from November 7, 201 to December 6, 201, and from April 7, 2012

5. 800,000 won out of the wages until June 201, and from May 7, 2012

5. Until 12 A.M., wages of KRW 3,036,00 in total shall not be paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to each written agreement submitted by the counsel, it is recognized that the victim of the instant case has withdrawn his/her wish to punish the Defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, and it is so decided as per Disposition.