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(영문) 수원지방법원 2014.05.19 2014고단1729
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is an employer who is engaged in the other party construction business with one full-time employee.

The Defendant, while working from July 9, 2013 to July 17, 2013, did not pay KRW 2,460,000 to the victim C, who was an employee retired from office, within 14 days from the date of retirement, without an agreement on the extension of the due date.

2. The judgment 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 pursuant to Article 109(2) of the same Act. The above victim withdraws his/her intent to punish the defendant by submitting a written withdrawal of complaint to the court on April 2, 2014. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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