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(영문) 부산지방법원 2013.06.21 2013고단1266
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who is a person in charge of the business of importing and selling motor vehicles with two full-time workers, who is a representative director of Busan Metropolitan City, B 1001.

The defendant works in the above workplace as a parking manager from November 1, 201 to September 30, 2012.

A retired employee D’s wage of 1,00,000 won in June 2012, wage of 1,000,000,000 won in July of the same year, wage of 1,00,000,000 won in August of the same year, and total of 4,000,000 won in September of the same year, and cleaning work from April 20, 2008 to September 30, 2012.

A retired worker E’s wages of KRW 700,000 in June 2012, wage of KRW 700,000 in July of the same year, wage of KRW 700,000 in August of the same year, and total of KRW 2,400,000 in September of the same year, and KRW 6,800,000 in total for two workers, including KRW 700,000 in September of the same year, shall not be paid within 14 days from the date of each retirement without any agreement on extension between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Expression of intention not to punish: A letter of withdrawal of complaint attached to a letter of summons dated December 20, 2012, which was after the prosecution of this case was instituted;

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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