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(영문) 광주지방법원 2013.07.11 2013고정1058

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a business operator who, without a construction business license, entered into an construction participation agreement on July 7, 2012 on the condition that “14,500 won per square meter per square meter of underground floor mold construction work” and “14,000 won per square meter of ground floor or rooftop mold construction work” among the structural frame construction works in Seo-gu in Gwangju-gu, Seo-gu, Gwangju, under the condition that “14,500 won per square meter of ground floor and 14,000 won per square meter of ground.”

The Defendant did not pay KRW 6,750,000, total of the F working hours from July 26, 2012 to December 17, 2012, as wages of KRW 4,350,000, and wages of KRW 2,400,000 on December 12, 2012, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. We examine the judgment. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's explicit intent under Article 109(2) of the same Act. According to the records, it is obvious that the victim submitted a written agreement on July 5, 2013, which was after the public prosecution of this case, and expressed his wish not to punish the defendant. Thus, the above facts charged constitute a case in which the victim expressed his wish not to prosecute against the victim's explicit intent, and thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.