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(영문) 의정부지방법원 고양지원 2015.04.21 2015고단38
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant who is the representative of the C Institute located in Gyeyang-gu Seoul Metropolitan City B and operates a private teaching institute business with two regular workers.

The Defendant: D’s wages of KRW 1,400,000 on March 3, 2014, working from May 25, 2013 to May 30, 2014; and the same year.

4. Wages of 1,400,000 won, and the same year.

5. The parties concerned did not pay 1,400,000 won in total, 4,200,000 won in total, and retirement allowance of 1,392,070 won in total, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

The facts charged as above are not prosecuted against the victim’s explicit intent under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since a written agreement was submitted on December 8, 2014, which was after the prosecution of this case, that the above D does not want the punishment of the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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