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(영문) 수원지방법원 2013.09.05 2013고단3282
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is the representative of C Co., Ltd. in C in C in C in C in C in C in C in terms of harmony, who runs a manufacturing business with eight regular workers, and is employed in the said workplace from May 6, 2011 to November 3, 2011.

The victim D's 1,890,000 won in October 201 and 390,000 won in overtime pay in October 201 and 201 did not pay 1,890,000 won in total within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

However, this is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records, it can be acknowledged that the victim D submitted a written agreement to the effect that he/she would no longer want the punishment of the defendant to the court on May 28, 2013 after the indictment of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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