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(영문) 의정부지방법원 2013.11.20 2013고정2052
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of the E Co., Ltd. located in the Gyeonggi-si, who runs a construction business with 15 full-time workers.

The Defendant did not pay 8,100,000 won each of the wages of H from October to December 31, 2012, which had worked at the G Corporation located in the G Corporation located in the Gyeonggi-si in the said workplace, within 14 days from each of the retirement days, which is the date on which the cause for the payment occurred, without an agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. In the facts charged, the Defendant is a real manager of the E-stock company located in Gyeonggi-do, who runs a construction business using 15 full-time workers.

The Defendant did not pay KRW 8,100,000 each wage of KRW 2,70,000 from October to December 31, 2012, each of which was work from May 31, 2012 to G construction sites located in Gyeonggi-si in the said workplace, within 14 days from each of the retirement days, on which the grounds for the payment occurred, without an agreement between the parties to the extension of the due date.

2. We examine the judgment. 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, it can be acknowledged that the victim C submitted a written withdrawal of a complaint with the victim’s wish not to be punished against the defendant around November 29, 2013, which is the case after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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