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(영문) 대구지방법원 2016.03.18 2016고단189
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a user who ordinarily employs five workers to construct a new commercial building located in Daegu-gu B, and to construct a construction business at the site of soup and soup of personal housing and so on located in Seongbuk-gun, Seongbuk-gun.

The Defendant did not pay KRW 680,00 from the date of retirement within 14 days from the date of retirement, without agreement between the parties on April 3, 2015 to April 11, 2015, the part of the wages of KRW 680,000,00 of retired workers D, who worked as early as early as from April 3, 2015 to April 11, 2015.

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 express intent pursuant to Article 109(2) of the Labor Standards Act. According to the records of this case, the worker D may acknowledge the fact that he/she submitted a written withdrawal of the complaint to the court of this case on January 4, 2016, which was after the date of the instant indictment (29 December 29, 2015). Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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