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(영문) 의정부지방법원 2013.04.16 2013고단574
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Kcheon-si C convalescent Hospital, is an employer who is operating a convalescent hospital using 13 full-time workers. The Defendant worked in the said workplace from July 15, 201 to June 5, 2012, and retired D and E’s total amount of money and valuables 12,146,314 (see the details of delayed payment of reported cases by place of business) retired from office during the period from January 16, 2012 to August 6, 2012, and did not pay each amount within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties.

2. The reason for dismissing the public prosecution is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to each statement of the withdrawal of a complaint and the written application for non-prosecution of punishment filed in the records, it can be recognized that both workers D and E of the instant case have withdrawn their wish to punish the Defendant after the prosecution of the instant case was instituted.

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

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