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(영문) 의정부지방법원 2014.09.18 2014고정849
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual entrepreneur running construction business without trade name or office, who ordinarily employs 35 workers and executes part of the new construction work with a parcel of land B outside Gyeonggi-do, Dongbcheon-si, and six parcels of land.

The Defendant, as well as C’s wage of KRW 4,050,00, working from April 28, 2013 to June 10, 2013 at the construction site, did not pay KRW 20,395,000 for the total amount of wages of KRW 9 daily workers on construction, as shown in the details of the money and valuables in arrears in the attached Form, within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension

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

However, on August 19, 2014, the victim C, D, E, F, G, H, I, J, and K have withdrawn their wish to punish each defendant on or after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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