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(영문) 부산지방법원 2014.04.09 2014고단399
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the actual employer who is the representative of the “C” in Busan Jin-gu, Busan and has run the main store business with two full-time workers.

The Defendant did not pay KRW 2,072,00,00, the amount of D’s wage of 150,000 in June 5, 2013, and wage of 736,000 in July 2013, and the total of KRW 2,076,00 in July 5, 2013, which had worked for the same period as D’s wage of 150,000 in the said workplace from April 5, 2013 to August 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 above, as an offense falling under Articles 109(1) and 36 of the Labor Standards Act, shall not be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to each content of the withdrawal statement and investigation report (verification of withdrawal of a complaint) bound in the trial records, it is recognized that the victims withdrawn their wish to punish the defendant on December 3, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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