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(영문) 의정부지방법원 2014.06.26 2014고정308
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C(State)D in both weeks, employs 30 full-time workers and operates textile products salting and processing business.

The Defendant did not pay the retirement worker E’s wages of October 1, 2012, which were worked between October 1, 2012 and December 9, 2012, and the retirement worker’s wages of KRW 2,600,000 on November 1, 2012 at the same place of business and KRW 2,600,000 on February 12, 2013 to March 29, 2013 at the same place of business and KRW 1,246,60 on March 3, 2013, total amount of KRW 6,46,60 on total amount, and KRW 6,600 on March 29, 2013 within 14 days from each date of the occurrence of the cause for payment without an agreement between the parties on the extension of the payment date.

2. The reason for dismissing the public prosecution is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act. According to the statement of withdrawal of each petition filed in the trial records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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