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(영문) 수원지방법원 안산지원 2015.02.26 2015고정34
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of the C cafeteria that had been a 105 cafeteria in Ansan-si, Ansan-si, and an employer who runs restaurant business using one regular worker.

The Defendant did not pay KRW 2,150,000 on August 15, 2014, which was employed by D from May 15, 2013 to August 15, 2014 at the same place of business, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

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 explicit intent under Article 109(2) of the Labor Standards Act.

According to the records of this case, on January 7, 2015, which was after the prosecution of this case, the victim D had withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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

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