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(영문) 대전지방법원 서산지원 2014.03.14 2013고정117
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual representative of the F in Taean-gun E, Chungcheongnam-gun, who employs three full-time workers and engages in the cultivation of seeds and seedlings.

The Defendant is in charge of the management of fish at the above site from August 8, 2012 to October 11 of the same year.

G retired from office is in charge of management affairs from August 2012 to October 11, 2012, 1,500,000 won for wage of 9.0,000 won for wage of 1,50,000 won for wage of 193,540 won for wage of 10.0,000 won for wage of 2,193,540 won for wage of 193,540 won for wage of 193,540 won for wage of 20.0

He/she retired from office: 1,50,000 won for August 2012; 9. minute wage of 1,50,000 won for the same year; 3,193,540 won for the wage of 193,540 won for the same year; and 3,193,540 won for the wage of 193,540 won for the same year from September 20, 2012

9. up to 24. 24. The screening work of water scrapers shall be conducted.

The retirement I did not pay the total amount of KRW 5,587,080 to three retired workers, including the amount of KRW 200,000 for September 2012, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The case is a crime falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s will pursuant to Article 109(2) of the same Act. According to the records, the victim’s employees may be acknowledged on February 11, 2014, after the institution of the instant indictment, by submitting a written withdrawal of complaint to the court and expressing their intent not to punish the defendant. Thus, the prosecution against the defendant is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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