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(영문) 인천지방법원 2013.09.25 2013고정1890
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a D representative in Bupyeong-gu Incheon Metropolitan City, who employs five full-time workers and operates a construction business.

The Defendant did not pay KRW 390,000, out of the wages E of workers who worked in the above workplace from December 3, 2012 to February 2, 2012, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.

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 explicit intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of the written withdrawal of the written complaint in the instant case, the victim E, after the institution of the instant indictment, is obvious that the victim E has withdrawn his/her wish to punish the Defendant on September 17, 2013, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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