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(영문) 수원지방법원 2013.04.25 2013고정260
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant employed 20 full-time workers in Suwon-si B and engaged in the construction business. From July 3, 2009 to October 23, 2009, the defendant did not pay 1.69,000 won of the victim D's wages in July 3, 2009, 25,000 won of the victim D's wages in August of the same year, 2.135,000 won of the wages in September of the same year, 2135,000 won of the victim E's wages in October of the same year, and 7.280,000 won of the wage in July 1, 2009, 205, 2015,000 won of the wage in September of the same year, and 1.68,000 won of the victim E's wages in September of the same year, 1978.

2. Each of the facts charged in the instant case is an offense prescribed in Article 109(1) of the Labor Standards Act, and cannot be punished against the victim’s express intent pursuant to Article 109(2) of the same Act. Since the Defendant and the victims agreed on April 12, 2013, which was the date of the instant indictment, did not amount to punishment against the Defendant, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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