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(영문) 서울북부지방법원 2020.10.16 2020고정1248
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a constructor. The defendant worked as an unofficial from November 29, 2018 to December 10, 2018 at the site of new construction of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, where the defendant was working, and did not pay wages of 2,970,000 won on December 16, 2018 to December 10, 2018 of retired workers C, and did not pay wages of 2,530,000 won on December 29, 2018 to December 10, 2018 of the retired workers D, and did not pay wages of 2,530,000 won on December 29, 2018 to December 10, 2018 to December 16, 200,000 won on retirement without agreement between the parties concerned.

2. The facts charged in the instant case constitute an offense against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, according to the records, it is recognized that all of the above workers who are victims have submitted the "written complaint withdrawal and non-prosecution of punishment" containing their intent not to have the defendant punished after the institution of the instant prosecution.

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

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