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(영문) 의정부지방법원 2018.10.15 2018고단3114
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a user who runs a construction business under C Apartment 2205 dong 1502 at the Southyang-si.

The Defendant did not pay KRW 1,150,000 of the F’s wage, which was worked from September 13, 2017 to September 27, 2017 at the site of the construction of a new E church located in Guri-si D, and did not pay KRW 5,230,000 for the total wages of five workers within 14 days from each retirement date without an agreement between the parties on the extension of payment deadline, as shown in the list of crimes in attached Form.

2. The determination may not be charged against the victim’s express intent under Article 109(2) of the Labor Standards Act, which constitutes an offense falling under Articles 109(1) and 36 of the Labor Standards Act.

According to a written agreement and a written application for non-prosecution of punishment filed in the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant on October 15, 2018, which was after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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