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(영문) 대구지방법원 김천지원 2013.12.11 2013고정343
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of the C commercial association located in the Gu and the user who operates the commercial building management business employing seven full-time workers.

The defendant is working in the above shopping mall from June 1, 2007.

On December 11, 2012, KRW 30,984,743, such as overtime allowances of D's retirement on December 11, 2012, was not paid as shown in the attached Form within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties

2. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the same Act. According to the records, the above D withdraws his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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