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(영문) 대구지방법원 안동지원 2015.10.02 2015고단505

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates an agricultural products distribution business with a majority of full-time workers as the representative in the Gyeong-gun B, Chungcheongnam-gun, North Korea.

The Defendant is working in the foregoing workplace from October 2, 2014 to February 6, 2015.

Wages of 1,300,000 won have not been paid within 14 days from the date of retirement without any agreement on the 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 same Act. According to the records, the victim can be acknowledged as having expressed his/her wish not to punish the defendant while submitting a written agreement on August 10, 2015, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.