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(영문) 수원지방법원 안산지원 2014.04.02 2014고정225

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a real manager C in Ansan-si Group B, did not pay KRW 900,000 from the date of retirement, which is the date of the occurrence of the cause for payment, within 14 days from the date of his/her retirement, without an agreement on the extension of the payment period between the parties concerned, while engaging in the sales of fishing products by making use of one full-time employee. From July 1, 2011 to January 31, 2013, the Defendant did not pay KRW 90,000, which was worked

2. The determination is based on the case that constitutes a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of the written withdrawal of the written complaint in D, D can be found to have withdrawn the Defendant’s wish to punish the Defendant on January 28, 2014, which is the date of the institution of the instant indictment.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.