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(영문) 서울중앙지방법원 2012.12.27 2012고단5154
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of C in the fourth floor of Seocho-gu Seoul Metropolitan Government, who employs 30 full-time workers, and operates the above company and run the wholesale and retail business for clothing manufacturing.

The Defendant did not pay an amount equivalent to KRW 3,058,360, total wages of D who retired while working in the said company from January 16, 2012 to February 16, 2012, within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties on the extension of the due date.

2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the statement on the withdrawal of the petition submitted to this court, the employee D withdraws his/her wish to punish the defendant on November 13, 2012, which was after the institution of the instant indictment.

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

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