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(영문) 인천지방법원 2015.02.25 2015고단194
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. Co., Ltd. with the fourth floor of the building in Namdong-gu Incheon Metropolitan City, is an employer who operates a service business by using 40 regular workers.

The Defendant had worked from December 20, 2012 to November 15, 2013 at the same place of business, and had retired D’s total of KRW 15,56,46,460 for June of wages in 2013, KRW 1,842,842,160 for July, and KRW 3,842,160 for September, and KRW 3,842,842,160 for October, and KRW 1,921,080 for November (total of KRW 14,316,200) and KRW 1,240,260 for year-end year-end settlement refund in 2012, and was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of the written withdrawal of the written complaint for the instant case, it is apparent that the victim D withdrawn his/her wish to punish the Defendant on December 24, 2014, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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