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(영문) 서울북부지방법원 2013.08.13 2013고정1149
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is the D representative located in Gangnam-gu Seoul Metropolitan Government, who ordinarily employs eight full-time workers, and operates a selective distribution business. The Defendant was employed from May 201 to August 6, 2012 by the management department, and retired from the said workplace as the management department, the Defendant did not pay KRW 2 million of wages in May 201, 201, the wage of KRW 2 million in June 2012, the wage of KRW 2 million in July 2012, the wage of KRW 387,090 in August 201, and the wage of KRW 6,387,090 in August 38, 2012 within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline.

However, this case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the “Agreement on Revocation of Complaints and Non-Application for Punishment,” which is bound in the trial records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on August 2, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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