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(영문) 인천지방법원 2013.04.29 2012고정4835
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual construction business operator residing in Nam-gu Incheon Metropolitan City C who runs a construction business with approximately four regular workers.

The Defendant, as well as E’s wage of KRW 960,00 in February 27, 2012, which worked from October 3, 2010 to February 27, 2012 at the site of the new construction of D Apartment at Leecheon-si, as well as KRW 9,920,000 in total of the wages of 20 workers (excluding F due to a decision to dismiss a public prosecution due to the revocation of public prosecution on January 28, 2013), did not pay KRW 9,920,000 within 14 days from each retirement date without agreement between the parties on the date of payment.

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. According to the records, the victim E, after the institution of the instant indictment, voluntarily withdraws his/her wish to punish each Defendant on March 14, 2013, and the victim G (the petition by delegation from the victims other than the victim E). Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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