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(영문) 서울북부지방법원 2013.09.06 2013고정239
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of D(ju) in the third floor of the building in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, who ordinarily employs 18 workers and engages in health and social welfare business.

The Defendant worked in the foregoing workplace from April 13, 201 to May 21, 2011 and retired workers E’s wages of KRW 1,080,00 on April 4, 2011, and KRW 2,219,340 on May 2, 201, and KRW 2,29,340 on May 2, 2011, and KRW 1,80,000 on May 2, 201, and KRW 2,50,000 on June 2, 201, and did not pay KRW 4,30,000 on May 2, 201, to workers’ retired from the workplace without any agreement between the parties on extension of the payment date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. On September 3, 2013, after the public prosecution of the instant case was instituted, the victim’s employee withdrawn his/her wish to punish the Defendant. Thus, the instant public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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