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(영문) 서울북부지방법원 2016.10.19 2016고정1122
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the representative of Dongdaemun-gu Seoul Metropolitan Government kingsan-ro 214 Barun department stores, employs three full-time workers and operates clothing sales business.

The defendant shall work in the relevant workplace from March 1, 2015 to November 5, 2015.

A retired worker D did not pay 2.1 million won of wages in October 2015, and 2.45 million won of wages in November 2015 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment between them.

2. The case 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 Labor Standards Act. According to the written application for non-prosecution of punishment bound in the trial records, it is recognized that the employee D withdraws his/her wish to punish the defendant on October 19, 2016, after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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