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(영문) 청주지방법원 영동지원 2019.08.22 2018고정43
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who, without a business registration certificate or a separate trade name, directly conducts construction business using three full-time workers at the construction site of the penta-gun, Chungcheongbuk-gun.

The Defendant had worked for day duty from May 11, 2018 to July 15, 2018 at the same construction site, and had retired C’s wages of KRW 2,320,000 on June 6, 2018, and wages of KRW 560,880,000 on July 2018, and had not paid KRW 2,880,000 on July 201 without any agreement between the parties to the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, on July 29, 2019, after the prosecution of this case, C, a victim, submitted a letter of revocation of complaint indicating the intent not to punish the defendant to this court. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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