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(영문) 창원지방법원 통영지원 2013.07.10 2013고정138
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs food service business using two full-time workers under the trade name of Da in the city of Gyeongnam-si.

The Defendant served as a main subsidy from May 2, 2012 to May 23, 2012 at the same place of business, and served as a main guard from May 2, 2012 for the amount of KRW 1,980,00,000 for the monthly wage of KRW 500,000 for the month of retirement from March 2, 2012 to May 23, 2012, and did not pay KRW 5,680,00 for two workers, including wage of KRW 50,00 for April 20, 2012, and monthly wage of KRW 2,70,000 for May 2, 2012, within 14 days from the date of retirement without agreement between the parties to the 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 According to the records, the victim D and E can be acknowledged as the facts that the victim D and E have withdrawn their wish to punish the defendant after the prosecution in this case was instituted. Thus, the prosecution in this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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