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(영문) 수원지방법원 2013.05.15 2013고정176
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who runs a construction business by employing six full-time workers at the factory C at the time of strike. When the employee retires, the employer shall pay the wages and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 16,300 won of wages of D, which was employed in the said workplace from July 30, 201 to August 4, 2011, within 14 days from the time when the cause for the payment occurred without an agreement between the parties on the extension of the payment date.

2. The instant facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Since the said employee expressed his/her wish not to punish the Defendant on May 15, 2013 after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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