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(영문) 의정부지방법원 고양지원 2014.03.26 2013고정1959

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an actual business owner in Gyeyang-gu B located in Yangyang-gu, Yangyang-gu, who runs a manufacturing business of ebane using one full-time employee.

The Defendant did not pay KRW 800,000,000, monthly wage of September 2012, and KRW 1,600,000,000, monthly wage of October, as well as KRW 2,400,000, in the place of business, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case 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 According to the records, the victim can be recognized as having withdrawn his/her wish to punish the Defendant on March 24, 2014, after the public prosecution of the instant case was instituted. Thus, the public prosecution of the instant case is dismissed under Article 327(6) of the Criminal Procedure Act.

(h)