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(영문) 인천지방법원 2014.02.06 2013고정3874
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Dju branch located in Seo-gu Incheon Metropolitan City, who runs restaurant business using four full-time workers.

The Defendant shall work at the relevant workplace from May 14, 2012 to August 31, 2012.

Wages of retired workers E, 2,00,000 won, and from July 4, 2012 to August 21, 2012, shall work in the relevant workplace.

Wages of retired workers F were not paid KRW 3,451,610 in total, including KRW 1,451,610, and KRW 3,451,610 in total, within 14 days from the date of retirement, without any agreement between the parties

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. According to the records, it can be acknowledged that the victim E withdraws his/her wish to punish each Defendant on November 7, 2013 and February 6, 2014, and the victim F has withdrawn his/her wish to punish each Defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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