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(영문) 인천지방법원 2014.01.09 2013고단8091
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative C in Gyeyang-gu Incheon Metropolitan City, who runs wholesale and retail business using five regular workers.

The Defendant did not pay 1.8 million won of wages on March 2013, 2013, which he/she worked from November 20, 2012 to March 20, 2013 at the same place of business, within 14 days from the date of his/her retirement, without any agreement on 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 express intent under Article 109(2) of the same Act. According to the written agreement bound in the trial records, it is clear that the victim withdraws his wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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