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(영문) 대전지방법원 2014.01.17 2013고정1805
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of the Category D Points in Seo-gu Daejeon, and the employer who ordinarily employs four workers and operates the brecing business.

From January 29, 2012 to March 4, 2012, the Defendant worked as bread, and did not pay 1,800,000 won to retired workers E on February 2, 2012, within 14 days from the date of retirement without an agreement between the parties on 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 and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the records, the victim may recognize the facts that he/she expressed his/her intent not to punish the defendant while preparing a written agreement after the institution of the instant indictment. Thus, the public prosecution in the instant case is dismissed under Article 327(6) of the Criminal Procedure Act.

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