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(영문) 서울서부지방법원 2015.08.13 2015고정621
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as an individual architect, is an employer who runs a construction business using three regular workers.

The Defendant shall work at the electrical construction site from February 14, 2013 to March 5, 2013 at the electrical construction site of the Nowon-gu Seoul Special Metropolitan City, the second floor C and the second floor C.

D's retirement of 1,00,000 won of wages on February 2, 2013, and 1,90,000 won of wages on March 3, 2013, did not pay 1,000 won within 14 days from the date of retirement without agreement between the parties on extension of the due date.

2. The facts charged in the instant case are those 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According to the records, it is recognized that the victim D withdrawn his/her intention to punish the defendant on August 4, 2015. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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