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(영문) 대전지방법원 2014.01.24 2013고정2053

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant employed eight full-time workers in Seo-gu Daejeon and operated a restaurant with the trade name of “C”.

The Defendant is working from January 14, 2012 to April 10, 2013.

583,200 won of the annual unused allowance of retired workers D was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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

According to the records, it can be acknowledged that D, the injured party, withdrawn his/her wish to punish the Defendant on January 24, 2014, which was after the public prosecution of this case was instituted by D. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.