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(영문) 서울남부지방법원 2013.05.28 2013고단1126
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the actual manager of Yeongdeungpo-gu Seoul Metropolitan Government, who runs the press and publishing business using three regular workers.

The Defendant, at the foregoing workplace, worked as a photographer from September 26, 201 to April 26, 2012, and retired from the workplace, did not pay 30,000 won of wages on February 2, 2012, 120,000 won of wages on March 201, 201, and 2,70,000 won of wages on April 201, 201, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the payment.

2. The facts charged in this case are crimes falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent under Article 109(2) of the same Act. According to the records, the victim has withdrawn his/her wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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