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(영문) 수원지방법원 2016.01.08 2015고정3031

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant received a contract from the representative E of the company D to build a new F apartment at the site of the construction of the F apartment in ethic City and used 40 full-time workers to work from November 8, 2014 to January 19, 2015.

The Defendant was working from November 8, 2014 to January 19, 2015, and paid KRW 1,007,500 to workers G on January 1, 2015 and KRW 1,007,50 to workers H on January 1, 2015, without any agreement on the extension of payment deadline between the parties concerned, within 14 days from the date of retirement.

2. Each of the above facts charged 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 pursuant to Article 109(2) of the Labor Standards Act. According to each written agreement attached to the records, it can be acknowledged that the victim G and H have withdrawn their wish to prosecute the Defendant on December 30, 2015, which was after the public prosecution of this case was instituted. Thus, all of the instant public prosecutions are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.