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(영문) 수원지방법원 여주지원 2013.05.20 2013고정12
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the DNA representative director Co., Ltd., Ltd., located in Echeon-si, runs the taxi transport business using 41 regular workers.

When a worker retires, the employer paid wages, compensations, and other money and valuables within 14 days from the time when the ground for such payment occurred. However, the Defendant did not pay a total of KRW 18,302,430, such as unpaid wages and retirement allowances, to D workers E, F, and G, as shown in the attached crime list, with the lapse of 14 days after the withdrawal of 14 days from November 30, 201.

2. The case 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 same Act.

However, according to the written agreement prepared by the victims, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on May 6, 2013, after the institution of the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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