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(영문) 창원지방법원 2013.08.27 2013고정341
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative director of C in Kimhae-si, who ordinarily employs four workers and operates a manufacturing business of shipbuilding machinery and materials.

From September 1, 2012 to the above company, the defendant has been employed as a production worker.

On September 25, 2012, wages of KRW 8.2 million from D, E, and F, which were retired on September 25, 2012, were not paid within 14 days from the date of retirement, for which the parties to the agreement on the extension of the due date for payment occurred.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victims' express intent under Article 109(2) of the Labor Standards Act. According to each of the "Agreement" which is bound in the trial records, the victims withdraw their wish to punish the defendants after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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