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(영문) 인천지방법원 부천지원 2015.02.26 2014고단3006
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of C of Yeongdeungpo-gu Seoul Metropolitan Government Co., Ltd., which is located in Yeongdeungpo-gu, and the employer who ordinarily employs 30 persons and operates a liquid distribution business.

The Defendant was in the foregoing workplace from September 29, 201 to April 30, 2014, and was retired on May 1, 2014, and did not pay the amount of wages of 14.50,000 won in April 1, 2014, within 14 days from the date of retirement without an agreement between the parties on extension of the due date, and did not pay the amount within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

2. The reason for dismissing the public prosecution is a crime falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. At the same time, the case cannot be prosecuted against the victim’s express intent under Articles 44 subparag. 1, 9, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written withdrawal of the written complaint bound in the evidence records, it can be acknowledged that the victim has withdrawn his/her wish to punish the defendant on September 3, 2014, which is after the prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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