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(영문) 창원지방법원 밀양지원 2013.03.14 2012고정227
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the real representative of Changwon-si B, is an employer who runs a mechanical assembly business using five regular workers.

The Defendant did not pay KRW 1,488,125 as wages of February 2012 and KRW 1,766,250 as wages of February 2012, 2012, within 14 days from the date of the occurrence of the cause, without agreement between the parties on the extension of the due date for payment, at the site of the new construction of public and private factory in Korea, from January 27, 2012 to February 9, 2012.

2. The facts charged in the instant case are crimes 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 Labor Standards Act. Since D, E, and F expressed their respective intent not to be punished against the Defendant on December 5, 2012 following the institution of the instant prosecution, all of the instant prosecutions are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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