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(영문) 인천지방법원 2013.11.29 2013고정2041
근로기준법위반
Text

All of the public prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who actually operates a manufacturing company using 15 full-time workers in Bupyeong-gu, Incheon. From December 3, 2012 to January 31, 2013 of D’s retirement from the above workplace, the Defendant worked for the period from January 3, 2013 to January 31, 2013, and did not pay the total of KRW 1,65,065 of E’s wages within 14 days from the date of retirement without an agreement on extension of the payment date between the parties concerned.

2. We examine the judgment. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the records, it can be recognized that the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, each of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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