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(영문) 창원지방법원 통영지원 2014.04.16 2013고정361
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer as the E (owner) representative director who has been engaged in construction business with the headquarters in Kimhae-si, and seven full-time workers in macro-si D.

The Defendant, who was employed on April 27, 2012 and worked until August 20, 2012 at the said workplace, did not pay KRW 3,600,000 to retired workers on August 20, 2012, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. The facts charged in the instant case are crimes 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 Labor Standards Act. According to the records, since the worker F can be acknowledged the facts that he/she has withdrawn his/her wish to punish the Defendant after the institution of the instant case, the prosecution in the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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