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(영문) 인천지방법원 부천지원 2014.05.30 2014고정430
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs wholesale and retail business by making three regular workers at the Dart located on the first floor of the sub-U.S. C building in the sub-U.S. In addition, the Defendant is working from March 15, 2013 to November 22, 2013.

On November 23, 2013, 201, E- has not been paid KRW 953,00 on November 23, 2013 within 14 days from the date of retirement without agreement between the parties on extension of the due date.

2. In light of the determination, the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the written agreement received by this court, it can be recognized that the above worker withdraws his/her wish to punish the defendant after the institution of 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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