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(영문) 대구지방법원 김천지원 2013.04.09 2013고단236
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the Gyeong-si B Stock Company B, is an employer who operates a machinery and equipment manufacturing business employing five regular workers.

The Defendant served as a mechanical designer on May 27, 201 in the above Company.

In January 31, 2012, C’s wages of KRW 2,073,873 on January 1, 2012 were not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date for payment of money.

2. The facts charged in the instant case are crimes 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 statement of a written application for non-prosecution on criminal punishment submitted by the Defendant, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on February 12, 2013, which was the date the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act

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