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(영문) 광주지방법원 2015.05.21 2015고정630
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the representative of the Ccafeteria in Gwangju Northern-gu, who ordinarily employs five workers and operates the food service.

When a worker retires, the employer shall pay the worker all money and valuables, such as wages, within 14 days from the date of retirement unless there exists an agreement between the parties concerned about the extension of

The Defendant did not pay KRW 2,230,000 as the sum of D’s wages of KRW 1,230,000, and n’n wages of KRW 1,230,000 from August 1, 2014 to September 3, 2014, which had been in service in charge of kitchen and ice in the foregoing workplace from August 1, 2014 to September 21, 2014, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

However, each of the facts charged in this case is a case in which a public prosecution cannot be instituted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

However, according to the statement in the letter of withdrawal of complaint filed in the court records, D and E can be acknowledged on April 7, 2015, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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