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(영문) 창원지방법원 진주지원 2014.08.21 2014고정250
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, without trade name or separate office, is an employer who ordinarily employs three workers and engages in construction business with the address of Jinju-si B apartment Nos. 101 and 406.

The Defendant, from May 1, 2013 to May 1, 2013, at the site of the penta Corporation located in Gyeongnam-gun, Gyeongnam-gun, and at the site of the construction of a new factory located in D (State) Hanam-gun,

6. F’s wage of KRW 2,600,00 during the work period of F, G’s wage of KRW 2,00,000, and H’s wage of KRW 900,000,00 during the work period of F, who had worked as miscellaneous until 15.15, did not pay KRW 5,50,000 within 14 days from the date of retirement without any agreement between the parties to the extension of the payment period.

2. The case 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 written agreement on delayed payment of wages filed in the trial records, the victims can be acknowledged the fact that the victims have withdrawn their wish to punish the Defendant on July 16, 2014, which is the date the instant prosecution was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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