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(영문) 의정부지방법원 2014.09.04 2014고정1349
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual building business entity located B in Gyeonggi-do, who employs two full-time workers and operates a building business.

The Defendant’s place of business, from October 1, 2012 to May 10, 2013, and worked in the said company’s place of business, and was retired from office until May 10, 2013, paid KRW 3,000,000 for December 2012, and KRW 3,000 for February 2013, and KRW 3,000,000 for February 2013, and KRW 3,00,000 for March 2013, and KRW 3,00,000 for April 20, 2013, and KRW 1,00,000 for May 1, 2013, without any agreement between the parties on the extension date.

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 same Act. According to the victim C’s letter of withdrawal of complaint, the victim may recognize the fact that he/she withdraws his/her wishing to punish the Defendant on May 29, 2014, which is after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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