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(영문) 인천지방법원 부천지원 2013.11.13 2013고정1581

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant is the C representative in Kimpo-si, who works for four full-time workers and engages in the manufacturing business. From June 8, 2012 to March 13, 2013, the Defendant did not pay 7.220,000 won in total of wages from September 8, 2012 to March 13, 2013 of retired D, and 7.3220,000 won in total of wages from September 2012 to March 2013 of retired and retired during the same period, and did not pay 1.464,000 won in total of wages of two workers, including 7.32 billion won in total, from September 2012 to March 2013 of retired, within 14 days from the date on which the cause

2. This constitutes an offense falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the employee’s will expressed in accordance with Article 109(2) of the Labor Standards Act. According to the records, it can be acknowledged that the employee D and E have withdrawn their intent to punish the Defendant on November 1, 2013, after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.