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(영문) 서울서부지방법원 2016.10.21 2016고정1080
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as an individual architectural business operator, has run a building business using three full-time workers.

B As employed by the Defendant, he/she is working from April 13, 2015 to April 27, 2015 at the site of the construction of the Seocho-si apartment.

The defendant retired, and the defendant did not pay the wages of 1950,000 won to B within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

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 explicit intent pursuant to Article 109(2) of the same Act. Since the victim expressed his/her intention not to be punished on October 10, 2016, which was after the institution of the instant indictment, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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