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(영문) 부산지방법원 동부지원 2015.07.16 2015고단942

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who runs a design business under the trade name of "C" in Busan Shipping Daegu Btel 308.

From April 1, 2013 to September 13, 2013, the Defendant served as a designer at the pertinent workplace and did not pay KRW 1,890,000,000 to retired workers D within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date for payment.

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 explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the written withdrawal of a complaint, it can be acknowledged that the employee D withdraws his/her wish to punish the Defendant on May 15, 2015, after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.