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(영문) 창원지방법원 통영지원 2015.10.05 2015고정459
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a restaurant with the trade name from B to C at the time of show.

From July 8, 2014 to the above workplace, the Defendant is performing ice ice ice-related duties.

D’s wage of KRW 359,490 for July 18, 2014, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are those 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According to the letter of withdrawal of the petition withdrawn after the indictment of this case, the employee D expressed his/her intent to withdraw punishment on September 3, 2015.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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