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(영문) 인천지방법원 부천지원 2015.03.20 2015고단329
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C in Kimpo-si, who employs one full-time worker and operates a manufacturing business.

The Defendant had worked from April 8, 2014 to June 3, 2014 at the same place of business, and had retired D’s wages of 1,800,000 won in April 2014, wages of 1,350,000 won in May, and 300 in June wage of 300, weekly leave allowances of 300,000 won in total, and KRW 3,750,000 in total, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

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 Labor Standards Act. According to the statement of the written application for non-prosecution of punishment bound in the trial records, D may recognize the fact that D has withdrawn his/her wish to punish the defendant on February 3, 2015, which is after the institution of the public prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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