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(영문) 서울동부지방법원 2015.12.18 2015고정1744
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the “C” in Gwangjin-gu Seoul Special Metropolitan City, who runs a restaurant with two full-time workers.

The defendant shall work in the relevant workplace from April 3, 2015 to April 12, 2015.

The retired worker D's wages of 569,700 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are those 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.

However, according to the trial records of this case, it can be recognized that the victim has withdrawn his/her wish to punish the defendant after instituting the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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