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(영문) 창원지방법원 통영지원 2013.03.27 2012고단1200
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 50 full-time workers under the trade name, e.g., Gyeong-si B Co., Ltd. and engages in construction business.

The defendant is employed by the above workplace on November 2, 2009 and works as civil engineering directors.

On September 5, 2012, the number of wages and retirement allowances of retired workers C was not paid within 14 days from the date of retirement without any agreement on extension of payment due date.

2. The facts charged in the instant case are crimes 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 Labor Standards Act. According to the records, the victim C may be recognized as having withdrawn his/her wish to punish the Defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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