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(영문) 창원지방법원 진주지원 2014.04.30 2014고단252

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a user who runs a private teaching institute business by ordinarily employing seven workers under the trade name of “CJA” in Jinju-si.

From January 2, 2010 to September 30, 2010, the Defendant did not pay KRW 1,500,000, total of D’s wages of July 2, 2010, which were worked as an instructor of a private teaching institute, KRW 581,350, and August 2, 2010, KRW 459,325, and KRW 459,325, and wage of September 2, 201, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. Since a written complaint was submitted on November 27, 2013, which was after the instant indictment, to the effect that the victim does not want punishment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.