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(영문) 광주지방법원 2018.07.12 2018고정641

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, at the site of new housing construction works located in Young-gun B of South Korea, worked as a molding official from October 12, 2016 to October 19, 2016, and did not pay KRW 1050,000 of the wages of workers C retired from office within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without the agreement between the parties on the extension of the payment period.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act.

In such a case, an employee of the injured party has withdrawn his/her wish to punish the accused after the prosecution of this case (see, e.g., a written withdrawal of complaint submitted on June 11, 2018 and a telephone conversation report filed on June 12, 2018). The prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.