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(영문) 의정부지방법원 2014.08.14 2014고정748
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of D located in both weeks, who runs a manufacturing business using four full-time workers.

The Defendant did not pay 60,000 won for retirement workers E, who worked from June 1, 2013 to June 4, 2013 at the same place of business, within 14 days from each retirement day, which is the date on which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

2. The reason for dismissing the public prosecution 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 each written application for non-prosecution of punishment bound in the trial records, the victims can be recognized as having withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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