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(영문) 수원지방법원 성남지원 2019.03.20 2019고정79
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a representative of the C cafeteria located in Seongbuk-gu, Sungnam-si, who runs a restaurant business with four full-time workers, did not pay the sum of the wages of KRW 3,600,000, which is the sum of the wages of KRW 1,800,000 on June 30, 2018 to D who worked from April 30, 2018 to July 30, 2018, and wages of KRW 1,800,000 on July 2018, 200 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. The facts charged in this 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, since the agreement on March 19, 2019, which expressed the victim's intention not to punish the defendant after the indictment of this case, was submitted to this court, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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