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(영문) 인천지방법원 2015.05.22 2015고단2019

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a user who resides in Bupyeong-gu Incheon Metropolitan Government B and operates personal construction business with four regular workers without a separate place of business.

The Defendant did not pay the total of KRW 1,980,00,000, paid for July 10, 2013 to the employees C employed from July 10, 2013 to August 21, 2013 for the Rotterdam dance facility in Gyeyang-gu Incheon, and KRW 1,530,000,00 in August 2013, without an agreement on extension of the payment date, within 14 days from the date of retirement.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the statement on the withdrawal of the authenticity bound in the trial records, C may recognize the fact that he/she has withdrawn his/her wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution against the defendant is dismissed under Article 327(6) of the Criminal Procedure Act.