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(영문) 서울남부지방법원 2014.03.26 2013고정3978
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor who is a user who used a new construction work site in Gyeonggi-gun B to perform the construction work of building floor and parking lot floor by obtaining a subcontract.

The Defendant, as well as D’s wages of KRW 260,00,00, working from July 11, 2009 to July 21, 2009, did not pay 5,070,000 for the total wages of 17 retired workers within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without an agreement on extension of the due date between the parties concerned, as shown in the list of crimes committed.

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 express intent pursuant to Article 109(2) of the same Act.

However, as of March 12, 2014, after the indictment of this case was instituted, a written agreement and withdrawal of complaint stating that 17 retired workers under the attached list of crimes, such as D, do not want criminal punishment against the defendant, were submitted. Thus, the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the expression of intent to punish a case which cannot be prosecuted against the victim's express intent.

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