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(영문) 의정부지방법원 고양지원 2016.12.22 2016고단3010
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the actual manager of "Co., Ltd. Co., Ltd. C" in Gyeyang-gu, Gyeyang-gu, Yangyang-gu, who operates computer wholesale and retail business using five full-time workers.

The Defendant is working in the foregoing workplace from September 30, 2013 to August 24, 2015.

A retired worker D's wage of 1,50,000 won in July 2015, and wage of 1,161,290 won in August 2015, total amount of 2,61,290 won in retirement allowance and retirement allowance of 2,790,051 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

According to each of the above crimes, each of the above crimes is a crime of anti-dumping punishment, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and the victim has withdrawn his/her wish to punish the defendant on October 13, 2016 after the prosecution of this case.

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

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