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(영문) 춘천지방법원 2013.08.12 2013고단531
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 runs a construction business related to earth and sand works by employing seven full-time workers as the representative of the Cstock Company in Chuncheon City B.

From October 3, 2012 to December 19, 2012, the Defendant, at the same place of business, worked as concrete hole from the 12th GPO boundary reinforcement earth Corporation in the Army from October 3, 2012 to December 20, 2012. Workers D, retired on October 20, 2012, wages of 1,240,000 won in the same year, wages of 2,160,000 won in November 2, 200 in the same year, and wages of 60,000,000 won in December of the same year as indicated in the attached list of crimes, did not pay 5,471,760 won in total for four retired workers within 14 days from the date of retirement without an extension agreement between the parties concerned on the date of payment.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act. According to the records of this case, it can be acknowledged that workers D, E, F, and G have withdrawn their wish to punish the defendant on June 12, 2013, after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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