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(영문) 서울동부지방법원 2013.08.20 2013고정834
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of C architect office in the fourth floor of Songpa-gu Seoul Metropolitan Government, and the Defendant did not pay KRW 8 million wages of KRW 4 million from January 1, 2012 to July 31, 2012 at the said place of business, and KRW 3.6 million from January 1, 2012 to April 30, 2012, E’s wage of KRW 3.6 million from January 1, 2012 to April 30, 2012, within 14 days from the date on which the cause for the payment occurred, without agreement on extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the same Act. Since the said employee expressed his/her wish not to punish the Defendant after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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