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(영문) 전주지방법원 2016.04.08 2016고정164
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Co., Ltd. C’s office manager in the Jeonju-si B and C, Jeonju-si, who runs newspaper publishing business using 30 full-time workers.

Defendant (i) retired from the said workplace as of June 1, 2014 to August 31, 2015; (ii) paid KRW 1050,000 on May 5, 2015; (iii) KRW 1050,000 on June 6, 2015; (iv) KRW 1050,000 on July 2015; (iv) KRW 1050,000 on August 1, 2015; and (v) retired from the said workplace until August 31, 2015, without agreement on the extension of the payment period between the parties, within 14 days from the date of retirement.

2. The offense of violation of the Labor Standards Act stated in the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and the offense of violation of the Labor Standards Act under Article 109(2) of the same Act is an offense falling under Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and thus, cannot be prosecuted against the express intent of each victim under the proviso of Article 44 of the same Act.

According to the records, according to D's application for punishment which was bound in the records, the fact that D's employee D withdraws his/her wish to punish the defendant on April 5, 2014, which was after the prosecution of this case, after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.

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