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(영문) 부산지방법원 동부지원 2014.04.28 2014고정344

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of C in Kimhae-si, 101 Dong 101 and 101, who has run lighting installation business with ten full-time workers.

The Defendant, at the place of Busan Nam-gu D Apartment Corporation, worked as a lighting engineer from May 2, 2013 to May 21, 2013, and was retired from office, did not pay 20,345,000 won, including 2,805,00 won for May 2013, 2013 as well as 10 employees, within 14 days from the date of each retirement without an agreement on extension of the due date between the parties concerned.

2. The judgment is a crime 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 According to the records of this case, since all workers listed in the annexed list of crimes have withdrawn their wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.