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(영문) 서울동부지방법원 2013.08.23 2013고정1607

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of C in Seoul Special Metropolitan City, the third floor of B building in Gwangjin-gu, and the Defendant did not pay KRW 24,562,520 in total, including KRW 544,70,00, which was worked from June 4, 2012 to June 21, 2012 at the above workplace, within 14 days from the date of the occurrence of the cause for payment without agreement on extension of the payment due date, as shown in the attached crime list.

2. The facts charged in the instant case are crimes 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 said employee expressed his/her wish not to punish the Defendant after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.