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(영문) 창원지방법원 2013.10.10 2013고정1026
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is a person who employs 10 full-time workers in Kimhae-si B and operates a mutual shipbuilding machinery manufacturing company of “C”.

From December 1, 2009 to October 18, 2012, the Defendant had worked in the said workplace and had retired from the said workplace, and had not paid the amount of wages of 2,251,440 won in August 2012, 2012, wages of 2,772,890 won in September, and retirement allowances of 1,518,030 won in October, and retirement allowances during the said period of employment, 4,94,516 won in total, 11,486,876 won in 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.

2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso of Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the "Agreement" bound in the trial records, it is clear that the victim has withdrawn his wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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