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(영문) 서울북부지방법원 2018.12.14 2018고단3198
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of “C” in Seoul Special Metropolitan City, is an employer who runs a manufacturing business with eight full-time workers.

The Defendant did not pay the total amount of KRW 3,569,038 of the D wages of 3,569,038 retired while working in the said workplace from April 1, 2012 to April 18, 2018, and did not pay KRW 36,335,098 in total for 4 workers within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, as stated in the attached crime list.

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. Since the victims expressed their intent not to be punished for the Defendant after the instant indictment, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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