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(영문) 의정부지방법원 2014.08.28 2014고정1212

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of Co., Ltd. C in Gwangju City, who runs wholesale and retail business using 15 regular workers.

The Defendant did not pay 7,869,258 won, totaling 4,869,258 won in arrears of two retired workers, as stated in the list of crimes in the attached Table, as well as 737,000 won in D’s wage from April 5, 2013 to December 5, 2013, which worked as sales workers, from the Jibuart, the sales place of the said company, from April 5, 2013 to December 5, 2013, to 14 days from the date of each retirement, without an agreement between the parties to the extension of the due date.

2. The reason for dismissing the public prosecution 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 Labor Standards Act. According to the agreement and the withdrawal of a petition filed in the trial records, it can be recognized that the victims have withdrawn their wish to punish the defendant around August 12, 2014, which is the date of the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.