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(영문) 대전지방법원 서산지원 2014.01.16 2013고정228
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who runs landscaping business using one full-time worker as the representative of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, 29.

The Defendant did not pay KRW 2,160,00,00 as wages of September 2012, 200 for construction volume from September 9, 2012 to October 21, 2012, and KRW 2,160,000 as wages of October of the same year, without any agreement on the extension of the due date between the parties concerned, within 14 days from the date of retirement.

2. The judgment 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 under Article 109(2) of the same Act. According to the records, the victim can be recognized as having expressed his/her wish not to punish the defendant while submitting a written agreement on May 27, 2013, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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