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(영문) 창원지방법원 진주지원 2014.10.23 2014고정339

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged in the instant case is an employer, who is a person in charge of business management who ordinarily employs five workers under the trade name of Jinhae-si B from Jinwon-si to (P)C.

The Defendant, from June 1, 2013, at the site of the new construction of D apartment in Jinju-si.

7. E’s wage of 2,520,00 won in June 2013, and the total of 1,080,000 won in July, and 3,60,000 won in total and from April 5, 2013;

5. F’s total amount of KRW 900,00 in April 2013 and KRW 2,400,000 in May’s wage of KRW 1,500,000 in service until November, 201 were not paid within 14 days from the date of retirement without any agreement between the parties to the extension of the payment due date.

2. We examine the judgment. The case 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 under Article 109(2) of the same Act. According to the "written confirmation of receipt of wages" compiled in the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on September 3, 2014, which was the date the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.