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(영문) 부산지방법원 동부지원 2014.04.09 2014고단352

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is a D representative located in Busan Geum-gu B and 610 (C) and is an employer who ordinarily employs 12 workers and engages in the cencing business. The Defendant did not pay KRW 1,500,000 as wages of October 1, 2012, as well as KRW 1,200,000 as wages of April 1, 200, wages of May 1, 200, wages of KRW 1,50,500, wages of KRW 1,500,500, wages of April 1, 200, wages of KRW 1,500,500, wages of KRW 1,500,500, wage of July 30, 200, wages of KRW 300,000, and wages of KRW 3000,000, total wages of 200,000.

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 explicit intent under Article 109(2) of the same Act. According to the records, the victim can be acknowledged on February 6, 2014, which is after the prosecution of this case, that the victim has withdrawn his/her wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.