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(영문) 의정부지방법원 2013.09.06 2013고단2052
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In light of the facts charged, the Defendant is the representative of C Co., Ltd. located in B, and is an employer who runs a construction business by using seven full-time workers at the site of remodeling construction works for the building D building in Gyeonggicheon-gun.

With respect to E who worked from September 1, 2012 to January 31, 2013 at the above site, wages of KRW 7,650,000, and wages of KRW 1,260,000, and KRW 11,910,000,00 for G who worked from January 1, 2013 to January 31, 2013 have not been paid within 14 days from the date on which the grounds for the payment occurred, without any agreement for extension of the payment period between the parties concerned.

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

However, according to the trial records, it is recognized that workers G, F, and E expressed their intent not to punish the defendant on June 3, 2013, which was after the prosecution of this case, after the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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