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(영문) 창원지방법원 진주지원 2016.01.13 2015고단908

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of D Co., Ltd. D in the facts charged, who ordinarily employs one worker and carries on construction business at the time of advancement of the facts charged.

The Defendant did not pay KRW 500,000 in the wage balance of October 14, 2014, KRW 500,000 in December 2014, KRW 5,000 in December 2014, KRW 5,000,00 in December 2014, KRW 5,000 in wages, KRW 5,000,00 in January 2015, and KRW 3,000 in February 2015, total wage of KRW 18,500,00 in wages, KRW 18,00,00 in total, from August 26, 2015 to February 14, 2015 without agreement between the parties to the extension of the payment 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 express intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, it is recognized that the victim expressed his/her wish not to punish the Defendant on or around December 31, 2015, which was after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.