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(영문) 창원지방법원 진주지원 2013.12.17 2013고단1232
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business with five full-time workers as the representative director of the C Co., Ltd. located in Chungcheongnam-dong, Chungcheongnam-gun.

The defendant from January 26, 2012 to the same year in the above workplace.

5. Until December 26, 200, the Director shall serve as the Director.

From February 2012 to May 2012, 200, monthly wage of KRW 2,400,000, total amount of KRW 9,600,000 has not been paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the payment.

2. The above facts charged are the crimes 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According to the written agreement bound in the trial records, it is recognized that the victim has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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