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(영문) 수원지방법원 여주지원 2017.06.28 2016고단770
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory room is the user who has been engaged in a marina business by employing 10 full time workers in the dry field of Ethical C in Ethacheon-si.

When an employee retires, an employer shall pay wages, compensations, and all other money and valuables within 14 days thereafter.

Nevertheless, the Defendant worked in the instant dry field from June 4, 2015 to August 3, 2015, and had retired workers D's wage of 1.6 million won in June 2015, wage of 90,000 won in July 2015, and wage of 2.7 million won in August 2015, as shown in attached Table 3, 4, 6, 7, 9, and 10,000 won in attached Table 3,4, 6, 7, 9, and 10,000 won in total for six workers retired from work in the instant dry field, and did not pay 1,5,30,000 won in total, within 14 days from the date of retirement without an agreement on the extension of payment date between the parties.

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the express will of the victims. According to the records, the victims can be acknowledged as the fact that they have withdrawn their wish to punish the defendant on June 26, 2017, after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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