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(영문) 창원지방법원 거창지원 2014.04.09 2014고단41
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in G, G, G, and G, who employs two full-time workers and engages in the manufacture of C, and is an employer. On May 23, 2011, the Defendant is working as a package and production worker for the said workplace.

A total of KRW 7,680,000 from August 29, 2011 to February 2, 2012 of D' that retired on February 29, 2012 was not paid within 14 days from the date of retirement without an agreement between 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 Labor Standards Act. According to the records of this case, it can be acknowledged that the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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