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(영문) 창원지방법원 진주지원 2014.12.11 2014고정441
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged in the instant case is an employer as a start-up business operator who had ten full-time workers with the address in Jinju-si B and executed “D” located in Gyeongnam-gun, Busan-gun.

The Defendant did not pay the total amount of KRW 8,00,000 to 14 days from the date of retirement without any agreement between the parties to the extension of the due date of payment, as stated in the attached Table, including the E’s wage of KRW 1,400,000 in October 2013, 2013, which worked as a tree for the aforementioned construction site from October 10 to October 21, 2013.

2. We examine the judgment. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent under Article 109(2) of the same Act. According to the telephone communications report compiled in the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on December 10, 2014, after the prosecution of the case was instituted. Thus, the prosecution of the case is dismissed under Article 327(6) of the Criminal Procedure Act.

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