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(영문) 수원지방법원 2014.11.19 2014고단5169
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has operated a restaurant using two full-time workers in the name of “C” in Suwon-si, Suwon-si.

The Defendant, while working in the above restaurant from October 1, 2013 to February 17, 2014, failed to pay KRW 3,550,000 to retired workers D, within 14 days from the date of retirement, without an agreement on extension of the due date.

2. The judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the employee’s will expressed under Article 109(2) of the Labor Standards Act. According to the written withdrawal of a complaint submitted by the Defendant, the employee D withdraws his/her intent to punish the Defendant. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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