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(영문) 서울북부지방법원 2015.04.23 2015고정70
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C in the third floor of Dongdaemun-gu Seoul Metropolitan Government building B, who ordinarily employs five workers and operates the clothing manufacturing business.

The Defendant had worked in the pertinent workplace from April 7, 2014 to May 7, 2014, and had not paid KRW 1,080,000,000 to retired workers D on May 2014, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. The above facts charged are crimes falling under Article 109(1) 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. According to the records, the employee D has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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