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(영문) 의정부지방법원 2013.10.29 2013고단3390

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the C Teaching Institute on the fiveth floor of the Gu Government-si, employs ten full-time workers and operates a foreign language private teaching institute. D, who worked from June 18, 2012 to April 15, 2013 at the said workplace, did not pay KRW 2,369,150 for December 2, 2012; paid KRW 2,369,150 for January 2, 2013; KRW 369,150 for February 2, 2013; KRW 369,150 for February 369, 2013; KRW 2,369,150 for March 18, 2013; KRW 1845,475 for April 1, 2013; and paid KRW 1375,75 days for retirement without agreement between the parties concerned.

2. The facts charged in the instant case are those 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 same Act.

However, according to the trial records, it is recognized that the above employee had expressed his/her intention not to punish the defendant after the indictment of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.