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(영문) 수원지방법원 안산지원 2015.04.21 2015고정219
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a personal construction business operator who was awarded a contract for interior interior interior interior interior interior interior interior interior of Bara in Ansan-si, Gyeonggi-si. From March 26, 201 to June 3, 2011, the Defendant employed Da as a worker at C at the construction site and performed interior interior interior interior interior interior interior decoration work, and did not pay Da wages of KRW 1,440,000 for June 6, 201 without agreement between the parties on the extension of payment period.

2. The instant case is an offense 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 records of this case, C may recognize the withdrawal of his/her wish to punish the Defendant on April 3, 2015, which was after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.

It is so decided as per Disposition for the above reasons.

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