beta
(영문) 수원지방법원 안산지원 2013.03.27 2013고정301

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is an employer who employs three full-time workers as the representative of Ansan-si Group B private teaching institutes and carries on service business.

The Defendant worked from March 22, 2007 to March 11, 2011 at the above workplace and retired C’s retirement wages of KRW 990,000 on January 201, 201, KRW 1,700,000 on February of the same year, and KRW 3,540,000 on March of the same year, did not pay KRW 3,540,00 on March of the same year within 14 days after retirement without any agreement between the parties on the extension of payment period.

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 Labor Standards Act. The records show that the victim has withdrawn his/her wish to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.