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(영문) 인천지방법원 2013.05.03 2013고정865
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business by employing four full-time workers at the site of removal of the Incheon Southern-gu B Hospital Underground cafeteria.

The Defendant did not pay KRW C’s wage of KRW 900,00,000, working at the above site from July 8, 2012 to July 28, 2012, within 14 days from the date of retirement, without agreement on extension of the payment deadline.

2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the same Act. According to the statement of "written withdrawal of complaint" bound in the trial records, it is clear that the victim has withdrawn his wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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