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(영문) 의정부지방법원 2014.06.17 2014고정74

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the D representative in South-Nam-si, who ordinarily employs three workers and operates the furniture sales business.

The Defendant did not pay KRW 1,250,000 of the retirement worker E, who worked from January 20, 2013 to February 8, 2013, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.

2. The reason for dismissing the public prosecution is 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 Labor Standards Act. The victim E can be recognized as the fact that he/she has withdrawn his/her wish to punish the defendant by attending this court on June 17, 2014, which is after the prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.