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(영문) 서울동부지방법원 2014.10.16 2014고정1530

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of the Gangdong-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is located in B and 301, is an employer operating electrical construction business with ten regular employees, and D’s wages of KRW 3,500,000 from November 21, 2012 to May 31, 2013, was not paid within 14 days from the date of retirement without any agreement on extension of the payment deadline between the parties concerned.

2. 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 same Act. According to the written agreement submitted on October 16, 2014, it is recognized that D, the victim of the instant case, withdraws his/her intent to punish the defendant after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.