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(영문) 광주지방법원 2013.11.28 2013고단4901

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant charges is an individual constructor who was awarded a subcontract from a comprehensive construction company (main local government) to construct a new school located in Gwangju Northern-gu B B B B, employing 10 full-time workers, performing five construction works, such as performing the construction works from March 1, 201 to September 30, 2012.

The Defendant did not pay KRW 19,226,00 for the same period of work D from October 1, 201 to June 30, 2012, within 14 days from the date of the occurrence of the cause for the payment, without agreement between the parties concerned on the extension of the due date.

2. The judgment is a crime violating Article 109(1) and the main sentence of Article 43 of the Labor Standards Act, which cannot be punished against the employee’s will expressed in accordance with Article 109(2) of the Labor Standards Act. According to the records, D expressed its intent not to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.