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(영문) 인천지방법원 2014.10.20 2014고정2977

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Seo-gu Incheon, Seo-gu and 104, who operates restaurant business with two regular workers.

The Defendant did not pay KRW D’s wages of KRW 900,000 in October 2013, 2013, which had worked from September 16, 2013 to October 28, 2013, within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the records, it is recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.