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(영문) 의정부지방법원 고양지원 2016.09.29 2016고단1422

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is a co-operator of the "C" in the Seo-gu Busan Metropolitan City, Seoyang-si, who employs six full-time workers and operates a restaurant business.

Defendant D’s working in the foregoing workplace from June 17, 2014 to August 8, 2014, and workers E’ working in August 19, 2014 from May 19, 2014 to August 8, 2014, did not pay KRW 1,660,000 for August 8, 2014, and KRW 3,860,000 for two workers’ total wages within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

According to each of the above crimes, each of the above crimes is an anti-presidential act that cannot be prosecuted against the victim's explicit intent pursuant to Article 109 (2) of the Labor Standards Act, and according to each of the statements, such as withdrawal of complaint, it is recognized that the above workers have withdrawn their wish to punish the defendant on February 24, 2016, after the indictment of this case.

Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.