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(영문) 창원지방법원 2014.10.01 2014고정883
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a representative of Changwon-si, Changwon-si B and C, who employs two full-time workers and operates service business.

The Defendant worked as a day-to-day worker from October 15, 2012 at E’s mechanical repair work site in Kimhae-si, and worked as a day-to-day worker from January 8, 2013 of the FF retired on January 8, 2013, and as from October 11, 2012, G’s retired on January 8, 2012, did not pay KRW 640,000 of wages, and KRW 4,00,000 of wages on December 8, 2012, and KRW 6,080,000, including total wage of KRW 80,000,000 on January 1, 2013, without any agreement between the parties concerned.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and 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 According to the written agreement bound in the trial records, it is clear that the victims have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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