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(영문) 서울중앙지방법원 2013.12.13 2013고정5267
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Gangnam-gu Seoul Metropolitan Government C Co., Ltd. with the 5th floor, who employs eight full-time workers and has engaged in construction business, etc.

The Defendant, while working in the foregoing workplace from July 24, 2012 to April 15, 2013, did not pay 12,085,476 won in total, from December 2012 to April 2013, to retired workers D, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. On the other hand, it is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent under Article 109(2) of the Labor Standards Act. According to the written agreement bound in the trial records, it is obvious that the victim withdrawn his wish to punish the defendant on November 29, 2013, which is the date of institution of the prosecution of this case, and thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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