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(영문) 의정부지방법원 2013.03.12 2012고단3045
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the two weeks of charge, is an employer who has been engaged in manufacturing business with 20 full-time workers. From April 1, 2004 to May 31, 2012, the Defendant worked in the above workplace and retired workers D’ wages of 2,50,000 won for April 2012, and the wages of 2,50,500,000 won for retirement allowances and retirement allowances of 19,987,340 won for May 2012, the Defendant did not pay 2,487,340 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date without any agreement between the parties to the payment and the employees on the extension of the due date. The Defendant did not pay 16 workers’ wages and retirement allowances of 150,06,760 won for 14 days from the date of retirement as stated in the attached documents.

2. The reason for dismissing the public prosecution is a crime 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 same Act.

However, according to the written withdrawal of each complaint filed in the records, all 16 employees D, etc. stated in the detailed statement of the money in arrears and other valuables in attached Form may be recognized as the fact that they have withdrawn their wish to punish the Defendant after the institution of the instant indictment.

Therefore, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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