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(영문) 전주지방법원 2013.07.03 2013고정62
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who engages in two manufacturing businesses by employing two full-time workers as C representative in the Jeonju-gun Group B of North Korea.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 650,000 won of wages, 650,000 won from February 8, 2012 to February 21, 2012, as well as 1150,000 won of wages from February 8, 2012 to February 21, 2012 at the same place of business, within 14 days from the date of retirement without agreement of the parties to the extension of the due date.

2. The above facts charged are crimes 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. According to the records of this case, the victims have withdrawn their intention to punish the defendant on July 1, 2013, after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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