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(영문) 창원지방법원 진주지원 2014.05.21 2013고정755
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who ordinarily employs four workers from August 18, 2012 to June 7, 2013, of C temples and D Buddhist Temples located in the area of the permanent residence of North Korea.

The Defendant did not pay KRW 6,50,000,00 for the total amount of KRW 950,000 for January 2013, 2013, wage of February of the same year, wage of KRW 1,650,000 for March of the same year, wage of KRW 3,000,000 for May of the same year, and wage of KRW 90,000 for May of the same year, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. Since the written agreement was submitted on March 31, 2014 that the victim does not want the punishment of the defendant after the prosecution of the instant case, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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