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(영문) 서울남부지방법원 2013.04.29 2013고단1017

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of Yeongdeungpo-gu Seoul Metropolitan Government Company B, who runs a construction business with three regular workers.

The Defendant, from June 12, 2012 to June 12, 2012, at the site of the construction work for the main complex apartment located in the Suwon-gu C, if the said construction work is executed.

6. up to 16 days of employment shall be employed on a daily basis;

D's wage of 450,000 won in June 2012 was not paid within 14 days from the date of retirement, which is the date when the cause for payment occurred, without a mutual agreement between the parties concerned about the extension of the due date.

2. This part of the facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. Since D expressed his/her wish not to punish the Defendant around February 4, 2013, which was after the prosecution of this case, around February 4, 2013, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.