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(영문) 부산지방법원 동부지원 2014.04.10 2014고정131
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative of C in Busan Nam-gu and is engaged in the transportation business with six full-time workers.

The Defendant did not pay eight million won of wages of eight million won of workers D who worked from January 1, 2013 to May 31, 2013, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to the extension of the due date.

The reason for dismissing a public prosecution is a crime 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 the written withdrawal of a complaint filed on March 17, 2014, which is bound in the trial records, it can be recognized that the worker D withdraws his/her wish to punish the defendant on March 13, 2014, which is the date of the instant public prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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