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(영문) 춘천지방법원 2019.07.23 2019고정93
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of the Hongcheon-gun B Co., Ltd. located in Gangwon-gun, is an employer who engages in construction business using five full-time workers.

The Defendant provided labor to the said workplace from May 20, 2018 to September 30, 2018, and retired D’s wages in 2018, 100,000 won for May 20, 2018, 300,000 won for July, 300, 300,000 won for August, and 300,000 won for September, and 300,000 won for September, without any agreement between the parties on the extension of the due date for payment, was not paid within 14 days from the date of retirement.

2. The 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.

(Article 109(2) of the Labor Standards Act (Article 109(2) of the Labor Standards Act). After the instant indictment was instituted, a written agreement and withdrawal of complaint stating that the victimized employee does not want to punish the accused was submitted to this court on July 23, 2019.

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

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