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(영문) 의정부지방법원 고양지원 2014.02.20 2014고정79
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the representative director of C in Gyeyang-gu, Gyeyang-gu, Yangyang-gu, who runs over-the-counter wholesale business using ten regular workers.

The Defendant worked from January 10, 2013 to June 7, 2013 at the foregoing workplace and retired D’s wages of KRW 1,600,00 for May 2013, and wages of KRW 373,00 for June 2013, and paid KRW 1,973,00 for the total wages of KRW 15,757,32 for six workers as shown in the annexed crime list, without agreement on the extension of the due date, within 14 days from the date of retirement.

2. To examine the judgment, each of the above facts charged is an offense 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 Labor Standards Act.

However, according to the records, it can be recognized that the victim D, E, F, G, H, and I has withdrawn the wishing to punish the defendant on or around January 2014, which was after the prosecution of this case was instituted by the victim D, E, F, G, H, and I. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of

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