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(영문) 서울동부지방법원 2014.01.14 2013고정2686
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. in Songpa-gu Seoul Metropolitan Government Btel, is an employer who employs two full-time workers and engages in product design business.

The Defendant was working in the foregoing workplace from March 4, 2013 to April 9, 2013, and was retired on April 2013, 2013, and was not paid KRW 9.80,000 from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the same Act. Since the employee expressed his/her wish not to punish the Defendant after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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