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(영문) 수원지방법원 2013.10.18 2013고정2664
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd., located in No. 403 of B building 403, who conducts real estate sales agent by using seven full-time workers.

The Defendant did not pay the total amount of KRW 1,133,30 won of D-D’s wage of January 7, 2013, which was worked from January 7, 2013 to February 12, 2013, and wage of KRW 1,33,30 in February 2013, within 14 days from the date when the cause for the payment occurred without an agreement on the extension of the payment period between the parties concerned.

2. The instant facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Since the said employee expressed his/her wish not to punish the Defendant on September 16, 2013 after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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