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(영문) 춘천지방법원 강릉지원 2014.04.11 2014고정126
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is the actual representative of the C cafeteria located in C cafeteria B, who ordinarily employs two workers, and operates food business. The Defendant did not pay KRW 6,984,440 in total of D’s wages and retirement allowances from May 19, 2012 to August 5, 2013 at the said place of business, within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

However, this is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim can be acknowledged as having withdrawn his wish to punish the Defendant after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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