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(영문) 대구지방법원 김천지원 2015.08.13 2015고정32
근로기준법위반
Text

Each public prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the D representative in the Gu and America, who employs two full-time workers, and operates the cosmetic manufacturing business, and works from June 24, 2013 to September 12, 2014.

The retired E’s wage of KRW 1,50,000 on July 2013, 201, the wage of KRW 1,500,000 on August 8, 2013, the wage of KRW 540,000 on September 2013, and KRW 81,680 on July 7, 2013, the wage of KRW 81,680 on August 2013, the wage of KRW 1,570,000 on August 20, 2013, and the wage of KRW 540,000 on September 20, 2013 did not be paid within 14 days from the date of retirement without any agreement on the extension of the due date

2. The determination 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. According to the records, the victims may recognize the fact that they have withdrawn their wish to punish the Defendant on August 11, 2015, after the institution of the instant indictment. Thus, each of the instant charges is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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