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(영문) 수원지방법원 2015.01.22 2014고정3583
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the event of the Gyeonggi Commercialization, the Defendant is an operator of the management office D in the case of the Gyeonggi Commercialization, who runs a manufacturing business using 17 full-time workers.

The Defendant, at the same place of business, worked as a field manager from June 1, 2012 to October 7, 2013 and retired from office, did not pay KRW 1,300,000 per month for each of the wages from February 1, 2013 to May 5, 2013, and KRW 14,10,000,000 per month for the wages from February 1, 2013 and June 8, 2013 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The facts charged in this 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 Labor Standards Act.

However, according to the trial records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on January 16, 2015, which was after the prosecution of this case.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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