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(영문) 서울동부지방법원 2013.12.10 2013고정2080
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant of the instant facts charged is C representative Co., Ltd. of Songpa-gu Seoul Metropolitan Government building 501. The Defendant did not pay KRW 20,450,000 in total amount of wages within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, to three persons, including D, etc., who had worked from January 26, 2013 to April 13, 2013 at the said place of business, as shown in the attached crime list

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the same Act. Since the said employee expressed his/her wish not to punish the Defendant after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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