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(영문) 광주지방법원 2013.10.11 2013고정1633
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the representative in Gwangju North-gu B, runs a construction business with two regular workers.

The Defendant had worked from August 26, 2012 to April 14, 2013 at the same place of business, and had not paid KRW 1,283,100, and KRW 3,305,000 on March 3, 2013, and KRW 4,922,930 on April 2013, and KRW 604,830 on April 2013, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the payment.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the statement on the withdrawal of the petition filed on September 4, 2013, which is bound in the trial records, it is clear that the victim withdraws his/her wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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