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(영문) 인천지방법원 2015.02.02 2015고정247

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is an actual manager of the C Co., Ltd. located in Gyeyang-gu Incheon Metropolitan City 301, who runs a construction business using four regular workers.

The Defendant did not pay the total of KRW 52,980,000 as stated in the attached crime list, including KRW 1,320,006 of D’s wages in March 201, 201, which worked from December 6, 2010 to October 31, 2013 at the above workplace, within 14 days from the date of retirement, without totaling the extension of the due date.

2. The facts charged in this case 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However, according to the records, it is recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case.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.