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(영문) 수원지방법원 2017.06.09 2016고단7239
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Gwangju Metropolitan City Mine-gu, is an employer who runs a construction business using 16 full-time workers.

The Defendant worked at the construction site located in Gyeonggi-do from August 8, 2016 to September 9, 2016, and did not pay the total of KRW 4,116,630 of the F’s wages to 12 workers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 36,335,000, respectively, within 14 days from the date of retirement, as described in the list of crimes in the attached Table.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and a public prosecution may not be instituted against the express will of the victim of the person working under Article 109(2) of the Labor Standards Act.

According to the records, since the facts are acknowledged after the prosecution of this case was instituted and all injured workers expressed their wish not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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