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(영문) 의정부지방법원 고양지원 2014.03.13 2012고정1724
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is a business owner who engages in manufacturing and wholesale and retail business of agricultural products using four full-time workers under the trade name of “D farm” at a place of business located in Pakistan at the time of strike and is an employer.

From September 2, 2010 to April 13, 2011, the Defendant did not pay KRW 1,400,000,000 for each of the wages to be paid to retired workers E and F while working in the said workplace within 14 days from the date of each retirement without agreement between the parties to the extension of the due date.

2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is an offense of non-compliance under Article 109(2) of the same Act. Since the E and F expressed their intention not to be punished against the Defendant in this court on March 13, 2014, which was after the instant prosecution was instituted, each of the above facts charged clearly stated that the E and F would not want to be punished against the Defendant, the entire indictment of this case is dismissed under Article 327(6)

It is so decided as per Disposition for the above reasons.

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