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(영문) 인천지방법원 2014.04.03 2014고단376

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs one full-time worker at the site of remodeling child care centers located in Nam-gu Incheon Metropolitan City B and the new site of personal housing located in Incheon Tro-gun, respectively, and the victim D did not pay the sum of KRW 1,050,000 as wages from June 1, 2012 to June 9, 2012 at the site of the said individual house and from June 10, 2012 to June 15, 2012 at the said remodeling site to KRW 350,000,000 as wages from June 10, 2012 to June 15, 2012.

2. We examine the judgment, and the facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the statement on withdrawal of a complaint, the victim D, which was the date the indictment of this case was instituted, has been withdrawn on January 3, 2014, since it is obvious that the victim D had withdrawn his wish to punish the defendant, the indictment of this case is dismissed under Article 327(6) of the Criminal Procedure Act.