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(영문) 대구지방법원 영덕지원 2014.04.30 2013고정68
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who runs a construction business.

The Defendant is working as a waterway of KRW 120,000 per day from June 19, 2011 to October 31, 2011 at the site of works for the construction of small urban planning works in the Bupyeong-do, Bupyeong-do, Pyeongtaek-do, Bupyeong-do, Ulsan-do, and the works for the maintenance and improvement of the breakwater in the Ulsan-gun, Ulsan-do.

C’s retirement of 425,00 won of August 201, 840, 840,000 won of September wage, and 240,000 won of October wage, and 1,505,00 won of wage, without any agreement on the extension of the due date between the parties concerned, have not been paid within 14 days from the date of retirement.

2. The facts charged in the instant case 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, C, the victim of the instant case, expressed his/her intent not to punish the Defendant after the institution of the instant indictment (the date on which a certificate of personal seal impression was issued attached to the agreement: April 22, 2014). Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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