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(영문) 인천지방법원 2018.03.08 2017고단7085

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

1. The summary of the facts charged is an employer who employs five full-time workers as a non-registered individual architect in Nam-gu Incheon Metropolitan City C and engages in a construction business.

From June 13, 2014 to March 12, 2016, the Defendant: (a) worked at the construction site of the Nam-gu Incheon Metropolitan Government D Apartment Complex; (b) the construction site of the building in the Nam-gu E-gu Incheon Metropolitan City; (c) the construction site of the G hospital located in the Nam Chang-gun; (d) the wage of KRW 900,000 for June 1, 2014; (b) the wage of KRW 1,650,00 for July 1, 2014; (c) the wage of KRW 1,80,000 for August 1, 2014; (d) the total of KRW 2,00,000 for wage of KRW 0,00 for December 2, 2014; and (e) the wage of KRW 1,50,000 for January 2, 2015; and (e) the wage of KRW 1,010 for October 1, 2001,005.

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;

(c) Submission of a written agreement that contains an expression of intent not to punish the accused after instituting the instant public prosecution by H as an employee;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;