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(영문) 인천지방법원 부천지원 2014.04.16 2013고단3181
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs a manufacturing business with four regular workers at “D” located in the 3rd floor of the Kucheon-si, Seocheon-gu, Busan Metropolitan City.

Although an employer has paid wages to workers at least once a month, the Defendant did not pay 908,000 won on August 9, 2013 of the workers E who worked in the above workplace from August 9, 2013 to the present day on September 15, 2013.

2. In light of the determination, the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the E's application for non-prosecution of punishment received in this court, it can be recognized that workers E has withdrawn his/her wish to punish the defendant after instituting the prosecution of this case. Thus, the prosecution of this case against the defendant is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act.

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