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(영문) 대구지방법원 2013.10.16 2013고정782
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor who runs construction business with six regular workers at ordinary times;

The Defendant worked until June 28, 2012 at the new site of private house in Gyeongbuk-gun, Seongbuk-gun, Gyeongbuk-gun, etc. and did not pay KRW 1,890,000 to seven workers within 14 days from the date of retirement, as stated in the detailed statement of the money and valuables in arrears in the attached Form, as well as KRW 150,000 on June 6, 2012.

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 under Article 109(2) of the same Act. According to the written agreement bound in the trial records, it can be acknowledged that October 15, 2013, which was after the institution of the instant prosecution, expressed the fact that C (the seven representatives indicated in the attached Form), expressed his/her intention not to have the Defendant punished. Thus, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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