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(영문) 대전지방법원 2014.03.14 2014고단411
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the manager of the fourth-story D Company E of the Seo-gu Daejeon District Office, has run a female franchis selling business by using one full-time employee through a sales consignment contract with D Co., Ltd.

From April 1, 2013 to October 31, 2013, the Defendant did not pay wages of KRW 2,865,000,00, which is the sum of KRW 380,000,000, monthly wage of July 2013, monthly wage of KRW 530,000, monthly wage of September 2013, and KRW 725,000, monthly wage of KRW 1,230,000, monthly wage of October 1, 2013, without any agreement on the extension of the due date between the parties.

2. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which are crimes of non-compliance under Articles 109(2) and 36 of the Labor Standards Act. Since it is apparent in the record that F withdraws his/her wish to punish the Defendant on February 13, 2014, after the institution of the instant prosecution, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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