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(영문) 광주지방법원 2015.04.01 2015고정381
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a contractor of the new construction of a detached house in Gwangju North-gu, and is an employer who ordinarily employs eight workers. From October 10, 2014 to November 2, 2014, the victim C’s wage of 2.9 million won retired from the said workplace was not paid for 14 days after the date of retirement without agreement between the parties on the extension of the due date for payment between the parties, as described in the attached list of crimes, and the Defendant did not pay the victim’s wage of 15,407,50 won, total of eight wages of the victim retired from the said workplace as described in the attached list of crimes, without agreement on the extension of the due date between the parties.

2. The facts charged in the instant case are those 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 Labor Standards Act.

However, according to the records, it can be acknowledged that the victim C, who was delegated with the authority to revoke the petition by the victims other than himself, withdraws his wish to punish the defendant on February 26, 2015, after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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