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(영문) 서울북부지방법원 2014.12.23 2014고정1832
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Seoul Northern-gu B, operated a mobile phone sales business with ten full-time workers.

Defendant is working in the above workplace.

The details of the money and other valuables in arrears, including the wage 2,320,800 won in March 2014 of retired workers D, and wage 2,320,800 in April of the same year, and the amount of money and other valuables in arrears. However, in the name of workers in the statement of the money and other valuables in arrears, the “E” and the “G” are each clerical errors in H.

As stated in the statement, 3,122,090 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. The facts charged in this case cannot be prosecuted against the express will of the victim worker under the proviso of Article 109(2) of the Labor Standards Act. According to the records, since all workers of this case withdraw their wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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