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(영문) 서울서부지방법원 2013.12.18 2013고정1307
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an actual operator of Mapo-gu Seoul Metropolitan Government B and C, who employs 11 full-time workers, and engages in an artificial engineering business.

The Defendant is working in the foregoing workplace from June 2, 201 to May 31, 2012.

A retired D’s wages of KRW 1.5 million on June 6, 201, wages of KRW 3.9 million on July 201, 2011, wages of KRW 3.440,000 on May 201, 201, wages of KRW 3.8440,000 on total, and KRW 8.844,00 on May 201 were not paid within 14 days from each retirement date on which the cause for payment occurred without agreement between the parties to extend the due date.

2. The facts charged in this 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 same Act. According to the records of this case, it is obvious that the above worker withdraws his wish to punish the defendant after instituting the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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