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(영문) 서울서부지방법원 2016.08.24 2016고단2028

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who ordinarily employs three workers as the representative of Mapo-gu Seoul Metropolitan Government 1st underground floor C in building B in Mapo-gu.

The Defendant served from February 13, 2015 to September 20, 2015, and did not pay KRW 715,900 in total, including wages and medical expenses, from July 2015 to September 2015, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

(c) Submission of a written withdrawal of complaint on April 11, 2016 by the victim D.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;