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(영문) 의정부지방법원 고양지원 2013.06.27 2012고정1829

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a manager of the Cju shop in Pju City, is an employer who ordinarily employs one worker and operates a head office.

The Defendant did not pay 1,420,000 won of D’s wages in March 2012, 201, which had worked from October 21, 201 to March 20, 2012, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. To examine the judgment, the above facts charged constitute a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records, it can be recognized that the victim D withdraws his/her wish to punish the defendant on May 29, 2013 after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.