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(영문) 창원지방법원 2014.04.09 2014고정196
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the (State)C in Kimhae-si, who runs construction machinery rental business.

The Defendant worked in the foregoing company as a driver from June 21, 2012, and was retired on April 9, 2013 as well as KRW 2.6 million on March 2013, 2013, and did not pay KRW 1,0820,000,000,000 to three employees as indicated in the detailed statement of personal overdue money and valuables in arrears, within 14 days from the date on which each cause for the payment occurred, without agreement between the parties concerned.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the written agreement bound in the trial records, it is clear that the victims have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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