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(영문) 창원지방법원 2014.02.07 2013고정1143
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a business owner who employs seven full-time workers in Kimhae-si C and operates D(D) of a construction enterprise.

On September 26, 2012 and October 9, 2012, the Defendant did not pay KRW 150,000,000, total of KRW 300,000 in September 2012, and wage of KRW 450,00 in October 2012 without agreement between the parties to the extension of the payment date, within 14 days from the date on which the cause for the payment occurred.

In addition, the Defendant did not pay the total of KRW 1,800,000 for five workers within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date, as shown in the attached list of crimes.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the written agreement bound in the trial records, it is clear that the victims have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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