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(영문) 서울남부지방법원 2016.05.19 2015고정2042
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Guro-gu Seoul Metropolitan Government Co., Ltd. C and 709, is an employer who has employed five full-time workers and operated electronic components manufacturing business.

The Defendant was working for the period from July 21, 2014 to January 28, 2015 from July 21, 2014 to January 28, 2015, and was retired from office, and the Defendant did not pay KRW 2,833,33 of wages on December 21, 2014, the sum of KRW 5,66,666, and KRW 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits.

On April 21, 2016, after the institution of the instant public prosecution, the victim expressed his/her intention not to be punished against the Defendant in this court. Thus, the instant public prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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