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(영문) 대전지방법원 서산지원 2015.12.17 2015고단241
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual manager of C Co., Ltd. in the facts charged, who employs 20 full-time workers, and operates a construction business.

The Defendant is working in the above workplace from August 26, 2013 to March 25, 2014.

The 60,238,440 won in total, including 5,735,470 won in the wages of retired D, was not paid within 14 days from the date of retirement without an agreement on extension between the parties concerned of the due date, as shown in the attached list of crimes.

2. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the records, each worker in the attached list of crimes can be recognized as having expressed his/her intention not to punish the defendant in this court after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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