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(영문) 춘천지방법원 2016.01.14 2015고정383
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant was an employer who runs the food manufacturing business with 12 full-time workers at C Co., Ltd. located in Chuncheon City B and 5 Dong 1. From October 28, 2014 to November 28, 2014, employees D retired from office on November 1, 2014, did not pay KRW 1120,000 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the same Act. According to the written withdrawal of the DNA petition (Complaint) filed in the trial records, the victim's employee voluntarily withdraws his/her wish to punish the defendant on November 30, 2015, which is after the prosecution of this case was instituted. Thus, the indictment of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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