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(영문) 인천지방법원 2013.11.04 2013고정3206

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a user who runs a construction business using seven full time workers as the C representative in Gyeyang-gu Incheon Metropolitan City.

The Defendant did not pay KRW 2,450,000 of D’s wages in March 1, 2013, which had worked from March 1, 2013 to March 31, 2013, within 14 days from the date of retirement without any agreement on the extension of the due date.

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 under Article 109(2) of the Labor Standards Act. According to the records, the fact that the victim withdraws his/her wish to punish the Defendant on November 4, 2013, which was after the public prosecution of the instant case was instituted, can be acknowledged. Thus, the instant public prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.