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(영문) 인천지방법원 부천지원 2014.08.29 2014고단1704
근로기준법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is an employer who has operated a manufacturing business by employing 15 full-time workers as the representative of Kimpo-si Co., Ltd.

The Defendant, as stated in the attached Form, did not pay the total of KRW 18,516,66 of the wages from June 2013 to September 2013, 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. In light of the determination, the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to each letter of withdrawal received by the court, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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