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(영문) 수원지방법원 여주지원 2013.08.12 2013고정176
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the “C” representative in Echeon-si, who is an employer who engages in landscaping facility business with two regular workers.

From October 1, 2008 to February 7, 2012, the Defendant did not pay KRW 250,000 as wages to D who worked as business employees on November 201, 201, wages of KRW 1,932,490 on December 201, 201, wages of KRW 1,58,040 on January 1, 2012, wages of KRW 350,000 on February 2, 2012, wages of KRW 5,720,530 on February 1, 200, retirement allowances of KRW 1,60,000 on retirement allowances, and KRW 5,720,530 on February 7, 2012 without any agreement between the parties on the extension of the payment date.

2. The case 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 same Act.

However, according to the written agreement written by D, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on August 12, 2013, which was after the prosecution of this case was instituted.

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

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