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(영문) 춘천지방법원 2016.01.26 2015고정320
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a user who runs a general restaurant business by employing five full-time workers in Hongcheon-gun C located in Hongcheon-gun, Gangwon-do.

Although an employer shall pay wages and retirement allowances within 14 days from the date of retirement of an employee, he/she did not pay wages of 906,540 won in May 2014 to the employee D who retired from the Republic of Korea from May 1, 2014 to May 31, 2014.

2. The above case is a crime 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 same Act. The records show that the injured party, after the prosecution of this case, has withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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