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(영문) 대구지방법원 2015.12.11 2015고정2597
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual representative of C in Daegu Suwon-gu, who ordinarily employs three workers and operates restaurant business.

The Defendant is working in the foregoing workplace from April 13, 2015 to May 31, 2015.

D's wages of 2,145,162 on May 2015 were 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 this 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 records of this case, D can recognize the fact that he/she withdraws his/her wish to punish the defendant on November 25, 2015, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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