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(영문) 의정부지방법원 2013.03.14 2012고정2947
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Company B, is an employer who runs landscaping installation business using two full-time workers.

With respect to C working in the aforementioned workplace from October 10, 208 to April 20, 2012, the Defendant did not pay the wages of KRW 1,610,180 for October 201, the monthly wage of KRW 2,785,020 for November, the wages of KRW 2,785,020 for December, 201, the wages of KRW 2,785,020 for January 2, 2012, the wages of KRW 2,975,020 for February, the wages of KRW 2,975,020 for March, the wages of KRW 2,975,020 for April, and retirement allowances of KRW 2,975,020 for April, and KRW 11,33,066 for the total amount of KRW 30,023,366 for the payment without any agreement on the extension of the payment deadline between the parties concerned.

2. The facts charged in the instant 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 pursuant to Article 109(2) of the same Act. According to the written withdrawal of a complaint filed in the trial records, the victim C expressed his/her intent that he/she would not want the punishment of the Defendant by either agreement or withdrawal of the complaint with the Defendant on January 18, 2013 following the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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