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(영문) 춘천지방법원 2015.03.05 2014고정534
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged was that the Defendant was a person who was a full-time manager of the D office located in Hongcheon-gun, Hongcheon-gun, Inc., Ltd., and was a full-time employee who run the kimchi manufacturing business.

The Defendant is working in a production position from July 1, 2013 to February 18, 2014 at the same place of business.

On February 19, 2014, 26,212,655 won in total, including the wage of 3,356,800 won of E retired workers on February 19, 2014, was not paid respectively within 14 days from the date of each retirement, without any agreement between the parties on the extension of the due date.

2. The facts charged of 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 same Act. Since victims withdraw their wish to punish the defendant after the prosecution of this case was instituted, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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