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(영문) 인천지방법원 2013.06.13 2012고정3996

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the D representative in Dong-gu Incheon Metropolitan City, who is engaged in transportation business using four full-time workers.

The Defendant worked in the foregoing workplace from October 20, 201 to January 31, 2012, and did not pay 639,960 won during the period of service of retired E within 14 days from the date of retirement, without agreement between the parties on extension of the due date.

2. The facts charged in the instant 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. According to the records, the fact that the victim withdraws his/her wish to punish the Defendant on June 11, 2013, which was after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.