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(영문) 인천지방법원 2013.06.10 2013고정444

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Co., Ltd. in Incheon Southern-gu, who runs a construction business using four full-time workers.

The Defendant, at the same place of business, worked from July 1, 201 to July 17, 2012, and retired D’s wages and retirement allowances totaling KRW 7,041,270, as well as KRW 9,393,270, in addition to the list of crimes in the attached Table, did not pay each of the retirement workers within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. The records show that the victims have withdrawn their wish to punish the Defendant after the victim was prosecuted (victim D: January 11, 2013; Victim E: March 29, 2013; Victim F: June 3, 2013). Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.