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(영문) 서울북부지방법원 2014.11.11 2014고정1910
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates online sales business by making four full-time employees, who are the actual managers of the Seoul Jung-gu Seoul Central Bank of Bank Co., Ltd. 202, and the defendant did not pay KRW 9,504,943 in total to four workers, including D and D, who worked as shown in the attached list of crimes, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of payment

2. The grounds for dismissing the prosecution of this case are the criminal charges that cannot be prosecuted against the express will of the victimized employee under the proviso of Article 109(2) of the Labor Standards Act. According to the records, workers E, F, G, H, and D indicated in the attached list of crimes withdraw the expression of intent to punish the Defendant on October 21, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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