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(영문) 의정부지방법원 2012.11.02 2012고단1634

근로기준법위반

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the Seoul Jung-gu Seoul Metropolitan Government C Location D (ju), runs a construction business by employing four full-time workers.

As to the period of work from October 29, 2010 to November 18, 2010 at the above workplace, the part stated in the indictment, unlike the facts, shall be appropriately revised in accordance with the facts recognized by the evidence.

November 19 of the same year, workers E, F, G, H, and I 5 retired on November 19 of the same year did not pay 15,000,000 won, each of which is 3 million won during the period of work, within 14 days after the cause for payment occurred without an agreement between the parties on the extension of the due date.

2. Determination E and F on the defense counsel’s assertion on the legality of the institution of public prosecution had filed a petition with the Labor Agency, and the withdrawal thereof had been made. However, it is not allowed to reverse the intention of not imposing punishment. As such, the assertion that the institution of public prosecution is unlawful - The fact that the said petition was withdrawn upon receipt of a cash custody certificate to pay money by November 30, 201 is recognized.

- The victim expressed his wish not to be punished in the crime of non-compliance with will.

In order to recognize that the victim has withdrawn his/her wish to punish or have withdrawn his/her previous wish to punish, the victim must be expressed in a way that is obvious and reliable.

(see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001). - According to the statements of E and F, according to the Defendant’s promise to give money until November 30, 201, the labor inspector is entitled to file a new complaint, and thus the petition is withdrawn.

- It is only recognized as a withdrawal of the above petition only once, and it is not known whether the defendant has expressed his intent to punish him, and in addition to the statements of E and F, the victim expressed his wish not to punish him.

shall be punished.