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(영문) 청주지방법원 2015.11.12 2015고정711
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an actual operator of C in the petition-gu B, who employs ten full-time workers and engages in restaurant business. The Defendant worked until May 22, 2015 at the above workplace and did not pay KRW 600,000 of the wages of the retired worker D on May 2, 2015 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged in this case are crimes 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 agreement and certificate of personal seal impression submitted on November 6, 2015 in this court, D can recognize the fact that it has withdrawn the wish to punish the defendant after the indictment in this case was instituted. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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