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(영문) 춘천지방법원 2013.09.09 2013고정489

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative director of C Co., Ltd. in the original city B, who runs a comprehensive construction business using one full-time worker.

From February 13, 2012 to May 21, 2012, the Defendant was employed in the foregoing workplace, and worked as a wooden field at the new construction site in Hongcheon-gun, Hongcheon-gun, and on May 22, 2012, the Defendant did not pay the total of KRW 10,300,000 for six retired workers within 14 days from the date of retirement without an extension agreement between the parties on the date of payment, as shown in the attached crime list, including E, of retired workers E.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act. According to the records of this case, it can be acknowledged that workers E, F, G, H, I, and J withdrawn their wish to punish the defendant on August 12, 2013. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.