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(영문) 인천지방법원 부천지원 2015.03.13 2015고단231
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the C representative of Kimpo-si B building No. 129, who runs a manufacturing business with five regular workers.

The Defendant is working in the foregoing workplace from May 12, 2014 to October 31, 2014.

D's remaining 1,500,000 won of the wage balance on October 2014 was not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date.

2. In light of the determination, the above facts charged 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.

However, according to the letter of withdrawal received by the court, it can be recognized that the above worker has withdrawn his wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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