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(영문) 수원지방법원 2014.05.14 2014고단847

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 runs a mobile phone sales store using one full-time employee under the trade name “D” in Suwon-si, Suwon-si C.

The Defendant did not pay KRW 3,00,000 to the victim E, who was employed at the above sales store from February 1, 2013 to June 15, 2013, and was retired from office, within 14 days from the date of retirement without an agreement on the extension of the due date.

2. The judgment is a crime 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 According to the agreement submitted by the counsel, the above victim has withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.