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(영문) 의정부지방법원 2018.11.08 2018고정831

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a D representative in Dongducheon-si, who runs retail business with four full-time workers.

Defendant did not pay KRW 56,00 for weekly paid leave allowances, KRW 224,00 for weekly paid leave allowances, KRW 224,000 for weekly paid leave allowances, KRW 168,00 for April 2017, and KRW 224,00 for weekly paid leave allowances, KRW 224,00 for weekly paid leave allowances, KRW 224,00 for May 1, 2017, KRW 224,000 for weekly paid leave allowances, and KRW 224,00 for weekly paid leave allowances on June 3, 2017, and KRW 224,00 for weekly paid leave allowances on July 31, 2017, without agreement between the parties on the extension of payment period between the parties.

2. The instant facts charged prior to the amendment by Act No. 15108, Nov. 28, 2017)

(b) No prosecution may be instituted against the express will of the victim pursuant to Article 109(2) of the former Labor Standards Act, as a crime falling under Articles 109(1) and 36 of the former Labor Standards Act.

In such a case, the employee E withdraws his/her wish to punish the defendant around November 6, 2018 after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.