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(영문) 서울중앙지방법원 2017.08.29 2017고단4874
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the facts charged, was receiving KRW 130,000 per day at the 7th floor interior of the Seocho-gu Seoul Metropolitan Government building C, for three days from January 21, 2017 to January 24, 2017, and did not pay KRW 260,000 of his/her retired worker D’s wages in January 207 within 14 days from the date of his/her retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act.

According to Article 109 (2) of the Labor Standards Act, the above crime cannot be prosecuted against the victim's explicit intent.

In this regard, on July 12, 2017, after the institution of the instant prosecution, the employee D submitted a letter of withdrawal indicating that he/she does not want to be punished against the Defendant to this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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