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(영문) 수원지방법원 안양지원 2013.06.27 2013고정488
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. located in the Gu B during the period of Ansan, who runs a construction business and employs seven full-time workers and operates a construction business.

The Defendant did not pay KRW 5,390,00 in total, KRW 970,00 in December 201, 201, KRW 2,990,00 in January 201, and KRW 5,390,00 in February 2012, without any agreement on the extension of the payment date between the parties concerned, within 14 days from the date on which the cause for the payment occurred.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the records, the above worker can be acknowledged as having withdrawn his/her wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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