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(영문) 의정부지방법원 고양지원 2013.04.05 2013고정274
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a person who is the actual manager of a swimming pool B in Yongsan-gu, Yongsan-gu and engages in service business with two full-time workers employed.

The Defendant did not pay KRW C’s wage of KRW 1,900,000 for March 201, 201, which was worked as an instructor from December 1, 2011 to March 31, 2012, within 14 days from the date of his/her retirement without an agreement on extension of the due date between the parties concerned.

2. Determination is the case falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, according to the public trial and records of this case, C, which was after the institution of the public prosecution of this case, can be recognized as the withdrawal of his/her wish to punish the defendant on March 27, 2013.

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

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