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(영문) 창원지방법원 통영지원 2013.05.22 2013고정131
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a business owner who, without a certain trade name, employs 25 full-time workers within the common city C Co., Ltd. and engages in vessel vessel processing business.

The Defendant, from July 4, 2012 to July 4, 2012, has worked as a superior bargaining hole at the above workplace.

With respect to D's retirement on August 24, 2012, wages of KRW 3,750,000 has not been paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records, the victim D can be acknowledged as having withdrawn his/her wish to punish the defendant after the public prosecution in this case was instituted. Thus, the public prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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