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(영문) 의정부지방법원 고양지원 2013.07.18 2013고정823
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of C Co., Ltd. in Pakistan, who ordinarily employs 30 workers and operates food manufacturing business.

The Defendant did not pay the amount of KRW 1,400,00 in August 10, 2012, the monthly wage of KRW 2,000,000 in September 2012, and KRW 4,625,810 in October 1, 2012, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. To examine the judgment, the above facts charged constitute a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and 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 recognized that the employee D withdraws his/her wish to punish the defendant around June 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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