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(영문) 수원지방법원 안산지원 2013.06.05 2013고단801
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of “C” on the fourth floor of the building B at the time of interest in the facts charged, is an employer who employs eight full-time workers and engages in clothing processing business.

The Defendant did not pay KRW 2,213,600, the sum of D’s wages of June 2012, 2012, the amount of KRW 763,600 from February 21, 2012 to August 18, 2012, the wage of KRW 1,300,000 on July 2012, and the wage of KRW 150,000 on August 2012, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

In addition, the Defendant did not pay the total of KRW 26,767,066 to 10 workers within 14 days from the date of occurrence of the cause for payment without an agreement on extension of the due date between the parties, as stated in the attached list of crimes.

2. The above facts charged are crimes falling under Article 109(1) 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.

However, since victims withdraw their wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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