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(영문) 대구지방법원 2015.11.18 2015고정2046
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant did not pay KRW 1,070,000 on April 25, 2014, which was retired on April 2014, when he had worked in a workplace operated by the Defendant, within 14 days from the date of his retirement when the cause for the payment occurred without extending the due date under an agreement between the parties.

2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records of this case, B may recognize the fact that he/she withdraws his/her wish to punish the defendant on November 11, 2015, which was after the prosecution of this case was instituted.

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

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