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(영문) 의정부지방법원 2013.07.11 2013고단348
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the 503 (ju) EE of the D Building, is an employer who runs construction business by using 200 full-time workers. From October 10, 201 to December 28, 2011, the Defendant worked at the construction site of G elementary school located in F in Namyang-si, Namyang-si, and did not pay KRW 37,744,000 for the total wages of 15 workers within 14 days from the date on which the cause for payment occurred without an agreement on the extension of the due date for payment between the parties concerned.

2. The facts charged in the instant case are those 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.

However, according to the trial records, it is recognized that all of the above workers after the prosecution of this case had declared their intention not to punish the defendant, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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