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(영문) 서울중앙지방법원 2012.12.28 2012고정5380
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant was an employer who employs five full-time workers on the first floor of Seocho-gu Seoul Metropolitan Government, and operated C points.

The defendant works in the above workplace from September 25, 201 to January 15, 2012.

With respect to retired D, wages of 290,322 won on December 12, 2011, wages of 725,805 won on January 201, 2012, and services from June 28, 2011 to January 15, 2012

With respect to retired E, a total of KRW 3,241,932, including wages of KRW 1,500,000 on December 12, 201, and wage of KRW 725,805 on January 2012, did not pay KRW 3,241,932 within 14 days from the date of the retirement without any agreement between the parties on the extension of the due date

Judgment

However, this is a crime 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 Labor Standards Act. According to the trial records of this case, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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