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(영문) 의정부지방법원 2014.01.16 2013고정2636
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the D representative in Gyeyang-gu, Soyang-gu, the Defendant has employed two full-time workers and operated the scrap metal collection business.

The Defendant, from May 25, 2012 to December 25, 2012, worked for the said enterprise and retired from office around December 2012, 14,40,000 won, including the wage of 2,40,000,000 won from July 2012 to December 2012, and from May 25, 2012 to December 31, 2012, the Defendant did not pay the total of KRW 1,80,000 from July 20, 2012 to November 31, 2012 to workers who worked for the said enterprise and worked for the period of 11,206,000 won including the total of KRW 11,206,000,000 from June 9, 2012 to December 30, 207, 2006 workers’ wage and paid the same amount of wages within the period of 00,704,006,06 workers’ wage.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records, the victims can be acknowledged as having submitted a written agreement that the victim would not wish to punish the defendant after the institution of the instant case. Thus, all of the instant indictments are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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