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(영문) 대구지방법원 경주지원 2015.01.15 2014고정286
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of C Co., Ltd. located in the racing-si, who is an employer who runs the manufacturing business using four full-time workers. The Defendant, while working in the said workplace on April 1, 2014, was not paid 22,387,500 won in total for five retired workers on March 1, 2014, including the amount of wages of 2,835,000 won for each of the retirement workers D, as indicated in the details of the money and valuables in arrears in the attached Form, 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, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to each agreement attached to the trial records of this case, the victims of this case are acknowledged to have agreed with the defendant after the prosecution of this case and have withdrawn their wish to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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