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(영문) 대구지방법원 김천지원 2014.09.23 2014고정498

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who employs five full-time workers in the former and operates (ju)C, and the employer is an employer, despite the fact that the employee dies or retires, the Defendant did not pay 3,185,000 won in total, including wages, etc., from July 25, 2012 to September 2012, even though he/she paid the employee D’s wages, etc., within 14 days from the date of his/her 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 express intent under Article 109(2) of the Labor Standards Act. According to the records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on August 12, 2014, after the institution of the instant indictment. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.