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(영문) 수원지방법원 평택지원 2013.11.19 2013고정425

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as an actual operator of D in Pyeongtaek-si C, worked in the said workplace from March 9, 201 to January 31, 2012, the Defendant did not pay the amount of KRW 8,009,260, the aggregate of the wages for October 12, 201 and the monthly wages for January 2, 2012, until December 31, 2012, as the date agreed between the parties on the extension of the payment date.

2. The above facts charged constitute 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. The records show that the victim has withdrawn his/her wish to punish the Defendant on October 24, 2013, which is after the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.