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(영문) 인천지방법원 부천지원 2014.04.11 2014고정112
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual representative of the Korea-U.S., Nowon-gu, Seoul and employs 12 full-time workers and operates a manufacturing business. The Defendant is working at the above workplace as stated in the attached Form.

The 33,060,585 won, total of wages of 12 retired workers, was not paid within 14 days from the date of retirement in which the cause for 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to each written withdrawal of complaint received by the court, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the indictment of this case was instituted.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 indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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