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(영문) 창원지방법원 진주지원 2016.04.12 2016고단175

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged of this case is that "the defendant is the representative of Jinju-si C and engaged in the service business with nine full-time workers from August 18, 2015 to October 21, 2015, the defendant did not pay 3,862,120 won each of the wages of October 2015 to 3,865,530 won each of the 965,530 won, which was retired from the service, E, F, and G, without any agreement between the parties on the extension of the payment date, until 14 days after the date of retirement." This constitutes a crime falling under Articles 109 (1) and 36 of the Labor Standards Act, and the victims of this case cannot file a public prosecution against the victim's explicit intent against the defendant pursuant to Article 109 (2) of the Labor Standards Act, and the victims of this case do not express the victim's criminal intent against the defendant under Article 27 (2) of the Criminal Procedure Act.