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(영문) 대구지방법원 2013.06.26 2013고정823
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor who runs a construction business with two construction workers at the construction site of the Daegu-gu Seo-gu Seoul Metropolitan Government.

From December 20, 201 to December 22, 2011, the Defendant did not pay KRW 390,000 to retired workers who worked at the above construction site within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

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 clearly expressed intent under Article 109(2) of the same Act. Since the victim expressed on June 26, 2013, after the institution of the instant indictment, that he/she would not want to be punished by the Defendant by appearing as a witness on the second day of the instant case, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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