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(영문) 서울남부지방법원 2013.06.26 2013고정1343

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of Yeongdeungpo-gu Seoul Metropolitan Government CPublic Notice Board.

The Defendant is responsible for general affairs from July 27, 2012 to September 9, 2012 at the same place of business.

D's amount of KRW 116,129, and wage of KRW 270,00 for September 2012 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the payment and the extension of the due date.

2. This part of the facts charged is a crime falling under Article 109(1) of the Labor Standards Act and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the same Act. Since the above employee expressed his/her wish not to punish the Defendant on or around June 14, 2013, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.