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(영문) 의정부지방법원 2014.06.19 2014고정756
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a representative of the C main office located in Scheon-si B, employs one full-time worker and operates an entertainment tavern business.

The Defendant did not pay KRW 677,420 of the retirement worker D who worked in the foregoing workplace from December 5, 2013 to December 18, 2013 within 14 days from the date on which the cause for the occurrence of the payment occurred, without an agreement between the parties on the extension of the due date for payment.

2. The reason for dismissing the public prosecution is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the written agreement compiled in the trial records, the fact that the victim has withdrawn his/her wish to punish the defendant on or before February 24, 2014, which is the case after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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