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(영문) 서울남부지방법원 2013.09.23 2013고단2051

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of C Driving Schools on the fourth floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, who runs a private teaching institute business with ten full-time workers.

The Defendant did not pay 600,000 won as wages for February 2012, E-1, 12 months, and 3.3 million won as wages for January 2012, 201, within 14 days from each retirement date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date for payment.

2. Each of the facts charged is an offense 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 Labor Standards Act. Since the aforementioned employee submitted a written withdrawal statement stating his/her wish not to punish the Defendant around May 10, 2013 and around August 22, 2013, the indictment of this case is dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.