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(영문) 광주지방법원 2017.01.25 2016고단4555

근로기준법위반

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant operates C Co., Ltd. with 15 full-time workers employed at B during the pertinent construction site from December 16, 2015 to January 5, 2016. The Defendant did not pay the total of KRW 2,00,000,000,000,000, including KRW 2,980,000,000,000,000 from January 16, 2015 to January 4, 2016, and the total of KRW 2,00,000,000,000,000,000,000,000,000,000 won for workers retired from the said construction site and worked at the said construction site from around December 16, 201 to around January 4, 2016 to KRW 186,786,00,00,00 for each party’s retirement.

This is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

According to the records, on January 11, 2017, which was after the public prosecution of this case was instituted, the above seven workers can be acknowledged that they expressed their intention not to be punished against the defendant.

The public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.