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(영문) 서울남부지방법원 2016.06.08 2016고단683
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 40 full-time workers as a manager in the Seoul Yangcheon-gu Seoul Metropolitan Government Office of Dispute Resolution Co., Ltd. (B and 2).

From March 27, 2013 to April 23, 2015, the Defendant served as a Chinese language instructor and did not pay KRW 1,269,110 on April 4, 2015, which was retired from the said place of business within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

2. Determination

(a) A case for which a public prosecution cannot be instituted against the victim’s explicit intent (Articles 109(2) and (1), and 36 of the Labor Standards Act);

B. Withdrawal of wishing to punish the victim after the indictment of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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