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(영문) 서울남부지방법원 2016.07.21 2016고단2991
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is an operator of Geumcheon-gu Seoul Metropolitan Government “C” and engaged in medical care business. From December 7, 2015 to March 16, 2016, the Defendant worked for the aforementioned enterprise and did not pay the total of KRW 3,825,000 for the wages of February 7, 2016 and March 3, 2016, from November 4, 2015 to March 9, 2016, while working for the period of February 3, 2016 to 3,480,000, from February 5, 2016 to March 19, 2016 to 3,48, from February 1, 2016 to 20, from February 3, 2017 to 3, 18, from February 18, 201 to 3, 205, respectively, of workers who retired from work.

The "Act" is the same.

Pursuant to Article 109(2) of the Labor Standards Act, each of the above wages paid by the defendant is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and the defendant cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the written withdrawal of the petition submitted by each of the above victims to this court, the victims are recognized as having expressed their intent not to be punished against the defendant on May 16, 2016, since the victims expressed their intent not to be punished against the defendant on May 16, 2016 after the indictment of this case was instituted, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

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