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(영문) 대전지방법원 천안지원 2014.07.29 2014고정411
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the corporation D, which has its head office in Chungcheongnam-gun, Chungcheongnam-gun, and has its head office in Chungcheongnam-si, and is engaged in the manufacturing industry using eight full-time workers, and the employer, in the case of retirement of an employee, has paid wages and all other money and valuables within 14 days from the date of retirement, unless there is an agreement for extension of the due date between the parties concerned. However, from February 1, 2011 to October 31, 2012, the Defendant did not pay 6,000,000 won, including the total of 2,00,000,000 won of wages from August 1 to 10, 2012 to October 31, 2012, without an agreement for extension of the due date between the parties concerned.

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 pursuant to Article 109(2) of the same Act. According to the written agreement bound in the records, it is recognized that the worker E withdraws his/her wish to punish the defendant on July 14, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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