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(영문) 의정부지방법원 고양지원 2014.02.07 2013고정1303

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an individual constructor in C at the time of strike, who runs a construction business.

The Defendant did not pay KRW 1,720,00,00 in total, including the sum of KRW 330,000, G wage of KRW 720,000, G wage of KRW 670,000, and H wage of KRW 670,00,00 from May 16, 2012 to May 21, 2012, at the site of D D D Building 112, 2701, 2701, and Pakistan, within 24 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination is the case falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.

However, according to the public trial and records of this case, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.