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(영문) 서울동부지방법원 2013.06.28 2013고단1227

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an actual business owner located in Songpa-gu Seoul Metropolitan Government building 205 and has run a construction business with one full-time employee.

An employer has not paid wages to workers at least once a month on a specified date, on February 1, 201, March, May, June, June, 8, September, 11, July, 2012, July, August, 8, 2012, October, September, 11, 201, and November, 47,60,00 won (2,80,00,000 won per month x 17,60,00 won in total of wages in March, 203, April, 200, and the wage calculation period from September 1, 201 to June 24, 201) by the relevant 25th day of the relevant month.

2. The facts charged in this case are crimes falling under Articles 109(1) and 43 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the letter of withdrawal of complaint and certificate of personal seal impression attached to the trial record, it is recognized that the victim C expressed his/her intention not to be punished against the defendant on May 29, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.