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(영문) 서울북부지방법원 2016.04.28 2016고정410
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of C of Dongdaemun-gu Seoul Metropolitan Government, who is engaged in commercial document delivery business using 30 full-time workers.

When an employee dies or retires, the employer has not paid 840,320 won in total, such as wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, even though the employee had worked at the said workplace from December 1, 2014 to March 13, 2015.

2. The facts charged in the instant 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. The victim D has withdrawn his/her wish to punish the Defendant on April 6, 2016, after the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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