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(영문) 수원지방법원 성남지원 2014.04.25 2014고정78

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who conducts personal construction business using one full-time employee.

The Defendant did not pay KRW C’s total of KRW 3,240,000 in wages of December 12, 201, which was worked from December 1, 2011 to January 30, 2012 at the site of Bhigh School landscaping construction works located inHanam-si, and KRW 3,240,000 in wages of KRW 720,00 in January 20, 201, without any agreement between the parties on the extension of the due date for payment.

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 express intent. Since the victim expressed his wish not to punish the Defendant after the institution of the instant indictment, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.