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(영문) 부산지방법원 동부지원 2015.12.17 2015고단2294
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has operated two full-time C Co., Ltd. in Busan-gun Group B.

The Defendant is working in the company from June 2, 2014 to December 20, 2014.

D’s total amount of wages for October, 2014, for November, 11, for December, 2012, for December, 7,393, 120 won, and for November 29, 2014 through November 21, 2014.

The total amount of wages of 9,133,120 won, including the wage of 1,740,000 won for July 2014, which is a retired worker, was not paid within 14 days from the date of such retirement, without any agreement between the parties on the extension of the due date.

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 pursuant to Article 109(2) of the Labor Standards Act. According to the records, since the above two workers have withdrawn their wish to punish the Defendant after the instant indictment, the prosecution in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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