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(영문) 창원지방법원 거창지원 2014.03.19 2014고정12
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual entrepreneur running a construction business, who is employed by eight full-time workers after being awarded a contract for 77,000,000 Korean Housing Construction Corporation located in Chungcheongnam-gun, Chungcheongnam-gun.

The Defendant did not pay the total of KRW 1,050,00 for seven retired workers within 14 days from the date of their retirement, as stated in the attached Table, as well as KRW 1,050,00,00, from July 22, 2013 to August 5, 2013, when he/she worked as a tree at the same construction site from June 30, 2013 to August 5, 2013.

2. The above facts charged are crimes 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 Labor Standards Act. According to the records of this case, it can be acknowledged that the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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