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(영문) 수원지방법원 2013.04.24 2013고정518
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a practical manager B, is an employer who engages in automobile parts manufacturing business using seven regular workers.

The Defendant, while serving in the said workplace from March 19, 2012 to July 13, 2012, was retired, and did not pay KRW 1,500,000 on March 2012, 200, wage of KRW 2,500,000 on April 2012, 2012, wage of KRW 2,50,500,000 on May 2012, 2012, wage of KRW 2,50,000 on June 6, 2012, wage of KRW 1,00,000, total sum of KRW 9,500,000 on July 1, 200, and KRW 9,500,000 on the extension of the payment date between the parties concerned within 14 days from the date of retirement without an agreement.

2. We examine the judgment, which is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot institute a public prosecution against the victim's explicit intent under Article 109(2) of the same Act. According to the records, it is apparent that the worker C withdraws his/her wish to punish the defendant on February 19, 2013, after the institution of the public prosecution of this case. Thus, the public prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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