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(영문) 인천지방법원 2013.07.15 2012고정3611
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative C located in Nam-gu Incheon Metropolitan City B, who runs a manufacturing business with eight full-time workers.

The Defendant did not pay the retirement allowance of KRW 6,067,90 to D, who worked from January 8, 2008 to December 31, 201, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties concerned about the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records, the fact that the victim withdraws his/her wish to punish the Defendant on July 1, 2013, which was after the public prosecution of the instant case was instituted, can be acknowledged. Thus, the public prosecution of the instant case is dismissed under Article 327(6) of the Criminal Procedure Act.

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