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(영문) 의정부지방법원 2013.06.20 2013고정863
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business by employing two full-time workers as the representative of the members promoting the establishment of the C&D project in the Guri-si.

The Defendant had worked in the foregoing workplace from February 21, 2012 to July 19, 2012, and for the same year.

7. A retired worker D's wages of 2,66,60 won in May 2012, 201, wages of 2,666,660 won in June of the same year, and wages of 1,634,400 won in July of the same year, and 6,967,720 won in total, were not paid within 14 days from the date when the grounds for payment arose without any agreement on extension of the due date between the parties concerned.

2. 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 pursuant to Article 109(2) of the same Act. According to the written agreement bound in the trial records, it can be acknowledged that the employee D expressed his/her intent not to be punished against the defendant on June 13, 2013, which was the date the instant prosecution was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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