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(영문) 인천지방법원 2013.10.01 2013고단5150
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in Seo-gu Incheon, is a user who runs the maintenance service business using four regular workers.

The Defendant had worked from August 1, 2010 to February 23, 2011 at the foregoing workplace, and paid 8 million won, including the sum of D’s wages of 9.46,430 won on November 201, 2010, wage of 2.5 million won on December 201, 201, wage of 2.5 million won on January 2, 201, and wage of 2.5 million won on February 201, 201, without any agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the cause for such payment.

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 statement on withdrawal of the petition filed in the trial records, it is clear that the victim withdraws his wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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