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(영문) 수원지방법원 안산지원 2015.04.09 2015고단7
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the C Co., Ltd. 206 of the king-si building B, engaged in construction business by using three full-time workers. The Defendant did not pay the amount of KRW 39,99 as wages of May 2014, monthly wage of KRW 2,200,000, monthly wage of KRW 879,96, monthly wage of KRW 3,519,99,95, monthly wage of KRW 3,519,95, and KRW 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the payment period between the parties.

2. We examine the judgment. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records in this case, D is recognized as having expressed his wish not to punish the defendant on April 6, 2015, after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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