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(영문) 대전지방법원 서산지원 2015.04.24 2014고단426
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Co. D in Ansan-dong Co., Ltd., Ltd., in the facts charged, is an employer who runs construction business using 15 full-time workers.

From November 1, 2011 to November 30, 2011, the Defendant is working at the construction site of Snobacin Dog-si, Snobacin, Sacin Dog-si, Sacin, Inc. D performed by the Defendant.

A retired victim E's wage of KRW 2,720,00 for the same period as in the attached list of crimes, including the amount of KRW 2,720,00.

The 11 retired victim did not pay the total of 47,019,000 won within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. We examine the judgment. The facts charged in this 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 Labor Standards Act. The records of this case acknowledged that the victims expressed their intent not to punish the defendant on April 13, 2015, after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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