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(영문) 수원지방법원 2015.05.28 2014고단7228
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who has been engaged in human resources supply business as the representative of the Co., Ltd. in Ansan-si Group B.

(1) The defendant dispatched workers belonging to the Corporation C to the Corporation of 11 on the date of payment, and the defendant dispatched workers belonging to the Corporation C to the Corporation of 14 days from the date of the occurrence of the cause of payment without an agreement between the parties on the extension of the due date of payment between the parties, as shown in the attached list of crimes. In addition, the defendant dispatched the workers belonging to the Corporation C to the Corporation of 11 on the date of payment to the Corporation of 11 on the date of 14 days from the date of the occurrence of the cause of payment without any agreement on the extension of the due date of payment between the parties.

2. We examine the judgment, and the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

However, on April 1, 2015, after the prosecution of this case, the above workers expressed their intention not to punish in this court. Thus, all of the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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