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(영문) 대구지방법원 포항지원 2015.03.24 2015고단57
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a representative of C Co., Ltd. with the nine levels of building B in North Korea-gu, North Korea-gu, the Defendant is an employer who runs newspaper and periodical information service business using five regular

Defendant is working in the above workplace.

On September 5, 2014, the total amount of wages of KRW 400,00 for retired workers D on March 3, 2014, KRW 300,000 for wage on June 2014, KRW 500,000 for wage on July 2014, KRW 120,000 for wage on August 2014, KRW 1.660,00 for wage on September 5, 2014, KRW 160,00 for wage on September 5, 2014, KRW 60,00 for wage of E retired workers on September 5, 2014, KRW 1.20,00 for wage on August 20, 2014, KRW 1.60,00 for wage on September 16, 2014, and KRW 1960,00 for wage on September 14, 2014, without agreement between the parties.

2. 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 explicit intent pursuant to Article 109(2) of the same Act.

However, according to the letter of withdrawal of a complaint submitted by D and E on February 13, 2015, the victim D and E, the victim of the instant indictment, agreed on February 12, 2015, which was after the instant indictment was instituted with the Defendant, it can be acknowledged that they have withdrawn their wish to punish on the ground that they have completely cancelled their complaint.

3. Conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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