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(영문) 의정부지방법원 고양지원 2013.05.10 2013고정375
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Company B, is an employer who runs a business facility maintenance and management service business.

The Defendant worked for the period from January 1, 201 to August 13, 2012 at the Yongsan-gu, Yongsan-gu, Busan Metropolitan City, and did not pay KRW 14,207,390, respectively, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date, as stated in the attached Form, including KRW 1,385,120, retirement pay of KRW 838,91, annual salary of KRW 614,200, annual salary of KRW 614,838,311, as well as KRW 14,207,390, which is the sum of the money in arrears of seven retired workers, as stated in the attached Form.

2. Determination is the case 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.

However, according to the trial and records of this case, it can be acknowledged that each of the above workers, such as D, has withdrawn his/her wish to punish the defendant on February 28, 2013, which was after the prosecution of this case was instituted.

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

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