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(영문) 수원지방법원 2013.09.04 2013고단3518
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was an employer engaged in the housing construction business, from January 26, 2012 to February 15, 2012 at the construction site of the publicly notified telecom in Nam-gu Incheon City, Incheon, and did not pay 2,7620,000 won in total of wages of 14 employees, including 1.8 million won in total of wages of retired workers D, as stated in the details of personal delayed payment money and valuables in the attached Form, within 14 days from the date of retirement without an agreement between the parties concerned on the extension

2. We examine the judgment. The case is a crime 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 statement in each withdrawal letter bound in the trial records of this case, the above workers can recognize the fact that they withdrawn their wish to punish the Defendant on May 21, 2013, after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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