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(영문) 대구지방법원 경주지원 2016.01.14 2015고단100
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who employs three full-time workers from January 2, 2012 to April 2014 at a racing-si, Si, D, and E Housing Construction site and conducts a construction business.

Defendant 1 did not pay KRW 9,710,000,000,000 from October 18, 2013 to March 2014 of FF’s retired on March 18, 2014, within 14 days from the date of retirement, which is the date of payment, without any extension agreement on the date of payment by the party.

2. The facts charged of 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 explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, since the employee F expressed his/her wish not to punish the Defendant by mutual consent after the institution of the instant indictment, the employee F was recognized as having expressed his/her wish not to punish the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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