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(영문) 창원지방법원 2013.11.13 2013고단1891
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates “C” as a metal product manufacturing business entity with nine full-time workers employed in Kimhae-si B.

The Defendant had worked in the said workplace from October 1, 2012 to November 30, 2012, and had not paid KRW 2,219,520,00 in total, including KRW 1,200,00 in October 2012 and business suspension allowances in November 2012, and KRW 1,019,520 in November 201 without agreement between the parties to the extension of the payment date.

In addition, the Defendant did not pay the total amount of KRW 8,202,854, including wages for three workers, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the payment period, as shown in the attached list of crimes.

2. The facts charged in the instant 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. According to each written agreement bound in the records, the victims of the instant case can be acknowledged as having withdrawn their wish to punish the Defendant after the instant indictment. Thus, this part of the indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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