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(영문) 의정부지방법원 고양지원 2014.06.12 2013고정97

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 415 full-time workers in a place of business with the fourth floor of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Building Co., Ltd., and operates human resources supply and worker dispatch business.

The Defendant did not pay KRW 3,58,757, out of overtime work allowances to be paid to retired workers E after being employed by the Defendant from January 2, 2009 to August 14, 201, within 14 days from the date of the above retirement without an agreement between the parties to the extension of the payment date.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which are crimes of non-compliance under Article 109(2) of the same Act. On May 23, 2014, after the indictment of this case was instituted, the victim E expressed his/her intention not to be punished. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.