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(영문) 창원지방법원 진주지원 2016.04.14 2016고정119
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, at the time of Jinju, was an employer who ordinarily employed 11 workers under a contract for installation work in CD and performed the said construction work, and the Defendant did not pay 16,50,000 won in total of the wages of 11 workers within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, as stated in the attached Table, including the amount of 3,040,000 won for December 1, 2014 through January 6, 2015 at the site of the said construction work.

Judgment

The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. According to each written agreement submitted on April 5, 2016, which was after the prosecution of this case, each worker indicated in the facts charged expressed his/her wish not to punish the defendant, and thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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