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(영문) 의정부지방법원 고양지원 2013.06.13 2013고단278

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who operates loan brokerage business with two full-time workers as a C real owner located in Gyeyang-gu B building 306, Gyeyang-gu, Gyeonggi-gu, Gyeonggi-do.

The Defendant did not pay KRW 1,700,000 from the date of his/her retirement within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date for payment between February 1, 201 and March 15, 2012, which was conducted from March 22, 2011 to March 15, 2012.

2. Public prosecution shall not be instituted against the will expressed by the victim under Article 109(2) of the Labor Standards Act as a crime falling under Articles 109(1) and 36 of the Labor Standards Act.

However, the records show that the victim submitted a written withdrawal of complaint to the defendant on October 30, 2012, which was after the institution of the instant prosecution, to the court on October 30, 2012, and this is deemed to have expressed an intention not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.