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(영문) 대구지방법원 경주지원 2013.07.16 2013고정121

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of the KMAC located in the racing-si, who operates the steel structure manufacturing business using ten full-time workers.

On July 11, 2012, the Defendant did not pay 14 days from the date of retirement without an agreement on extension of the due date for payment between the parties concerned, as stated in the attached list of crimes, including the amount of 5.60,000 won for wages and retirement allowances of 9 retired workers, as well as the amount of 10,044,012 of wages and retirement allowances of 5.60,000 won, retired from the said place of business.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act. According to the written application and agreement attached to the trial records of this case, it is recognized that the victims of this case expressed their intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.