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(영문) 광주지방법원 2019.09.18 2019고정436

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative in Seo-gu, Gwangju, who runs a construction business with five regular workers.

The Defendant did not pay KRW 3,00,000,000,000, in total, to F who worked for unfited work for September 1, 2017 from September 1, 2017 to October 15, 2017 at the site of the new construction of E-owned housing in the Jeonyang-gun D Village, which was built by the Defendant, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Article 109(1) of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Article 36 of the Labor Standards Act

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

C. Expression of intent that employee F does not want to punish the Defendant on September 18, 2019

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