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(영문) 수원지방법원 2016.09.07 2016고정1564

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant, as the actual manager C in the wife population B, was engaged in the construction business with five regular workers.

The Defendant did not pay KRW 1,375,00 on December 2, 2015, which worked as KRW 2.50,000 per day from November 25, 2015 to January 2, 2016, within 14 days from the date of retirement without an agreement between the parties on 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 express intent under Article 109(2) of the Labor Standards Act.

However, according to the statement of the confirmation attached to the trial records of this case, it can be acknowledged that E, the victim of this case, withdraws his/her wish to punish the defendant on August 26, 2016, which was after the public prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.