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(영문) 수원지방법원 2016.10.17 2016고단5311
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who is the representative director of Suwon-si, Suwon-si B and C, Inc., which is located in Suwon-si, engaged in construction business (the interior fishery) by using three full-time workers. From May 10, 2013 to May 26, 2013 under the jurisdiction of the said place of business, the Defendant did not pay KRW 2,100,000 of the retired worker D wages within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

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 Labor Standards Act. According to the records, it is recognized that the victim D withdraws his wish to punish the defendant after the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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