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(영문) 대구지방법원 경주지원 2015.12.22 2015고단834
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of C in the facts charged, is an employer who runs the steel structure manufacturing business by employing five full-time workers as the representative of C in the racing market.

On September 23, 2014, the Defendant: (a) retired employee D’s wages of KRW 1,425,00 on August 8, 2014; (b) paid KRW 3,330,000 on September 14, 2014; and (c) paid KRW 1,067,50 on August 8, 2014; (b) retired employee E who retired from the said workplace on November 14, 2014; (c) paid wages of KRW 2,090,50 on September 20, 2014; and (d) paid KRW 8,45,00 on November 5, 2014; and (d) paid KRW 8,45,00 on September 23, 2014, respectively, within 14 days from the date of payment, without an agreement on extension between the parties to the labor contract.

2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, since the entire employees have expressed their intent not to prosecute the Defendant by mutual consent with the Defendant only after the instant indictment was instituted, the entire employees are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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