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(영문) 창원지방법원 진주지원 2013.12.10 2013고단835
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who ordinarily employs 20 or more workers in the name of “F” at the (ju)C and (ju) E factory in Scheon-si, and operates a manufacturing business of luminous tank components.

The Defendant was employed in the above workplace on August 20, 2012 and served as an official title, and on November 22, 201 of the same year, the Defendant did not pay 154,645,247 won in total to 30 employees, as stated in the attached crime list, as well as 154,645,247 won in total, as stated in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment date.

2. The above facts charged 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 same Act.

Witness

According to the statements made by G in this Court and each statement made in each written withdrawal of complaint filed in the trial records, it is recognized that all victims have withdrawn their wish to punish the defendant after the prosecution of this case, but all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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