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(영문) 서울남부지방법원 2013.03.25 2012고정4460
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the actual manager of Yeongdeungpo-gu Seoul Metropolitan Government Company B, who runs a construction business (electric construction) with three regular employees.

The Defendant did not pay KRW C’s wages of KRW 2,925,00 for May 31, 2012, and KRW 1,080,00 for June 30, 2012, which had been employed as an official work for electrical construction in the said workplace until June 30, 2012 at the said workplace, within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date for payment.

2. This part of the facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Since the above employee expressed his/her wish not to punish the Defendant on or around February 3, 2013, which was after the prosecution of this case, and around June of the same month, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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