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(영문) 의정부지방법원 2016.01.14 2015고정666
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged must be paid at least once a month on a fixed date and shall be paid in full in currency.

Nevertheless, the Defendant did not pay the full amount of KRW 1,50,000 as advance payment of the wages in March 2014, the amount of KRW 1,744,704 as advance payment of the annual paid leave in 2011, KRW 1,744,704 as the annual paid leave allowance in 2012, KRW 1,841,632 as the annual paid leave allowance in 2013, and KRW 838,357 as the annual paid leave allowance in 201.

2. The Defendant was indicted for a violation of Articles 109(1) and 43 of the Labor Standards Act. This is a crime that cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the record of the mediation protocol submitted by the Defendant, the Defendant may recognize the fact that the victim expressed his/her intention not to punish the Defendant to this court.

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

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