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(영문) 전주지방법원 2015.03.18 2015고단269
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the Co., Ltd., in the third floor of the Gangnam-gu Seoul building in Seoul, operates a construction business with one regular worker at the site of Kim Jong-si D.

From May 28, 2014 to July 30, 2014, the Defendant did not pay KRW 2,000,000 from the date of retirement to the lapse of 14 days from the date of retirement, without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes 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 Labor Standards Act.

However, on February 28, 2015, after the prosecution of this case, E, a victim employee, withdrawn his/her wish to punish the defendant.

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

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