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(영문) 창원지방법원 2013.09.27 2013고단1339

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the person who operates the boiler C Co., Ltd. in Kimhae-si B.

The Defendant had worked for the pertinent company from July 30, 2012 to February 27, 2013, and had not paid KRW 15,516,640 in total, including KRW 3,16,660 in October 2012, as well as KRW 15,516,640 in total, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 43,263,380 to five workers within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date, as shown in the attached list of crimes.

2. The facts charged in this case are crimes 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 same Act. According to each written agreement bound in the trial records, it is clear that the victims have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, all of the indictments in this case are dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.