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(영문) 광주지방법원 2015.11.12 2015고정999

근로기준법위반

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The Defendants are private constructors who run a construction business jointly with 20 full-time workers at the “E-Newly constructed construction site” site such as Gwangju Mine-gu D.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the payment period.

Nevertheless, the Defendants worked as miscellaneous from December 1, 2013 at the site of “E New Construction Corporation” located in Gwangju Mine-gu, etc., and did not pay KRW 1,030,000 as wages for December 29, 2013 of the FF retired on March 29, 2014; KRW 2,300,000 as wages for January 2, 2014; KRW 1,980,000 as wages for February 2014; and KRW 6,410,00 as wages for March 3, 2014; and KRW 1,10,000 as wages for March 20, without agreement between the parties on the extension of the payment date.

2. The facts charged in the instant case are cases in which a public prosecution cannot be instituted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, since it is recognized that G on behalf of the said F has withdrawn the wish to punish the Defendant on July 2015, the prosecution of the instant case was conducted on behalf of the said F, the complaint and its cancellation may be made by proxy pursuant to Article 236 of the Criminal Procedure Act. Since G has been delegated with all the authority of the F on August 2014, with respect to the withdrawal of the complaint, etc., it is also delegated by the F. Accordingly, the authority to revoke the complaint (the authority to express the intention not to punish the crime of non-prosecution) was also delegated.

All public prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.