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(영문) 대전지방법원 2016.03.11 2016고정97

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the user who runs the construction business (electric and fire fighting facility business) with 50 full-time workers as the representative director of the Seoul Songpa-gu Seoul Metropolitan Government 4th floor of the 4th building.

Defendant, at the site of the foregoing new D New Construction Construction Construction Works 2 Section, was directly operated from July 15, 2014 to August 23, 2014, and retired from office, Defendant, as well as KRW 390,000 in July 2014, and KRW 2,470,00 in August 2, 200 in total, and KRW 7,210,000 in total, as shown in the list of crimes in the attached Table, were not paid within 14 days from the date of retirement without agreement between the parties to the extension of payment date.

2. We examine the judgment. Each of the facts charged of this case is a crime 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. According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on March 7, 2016. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.