beta
(영문) 광주지방법원 2017.06.14 2017고정560

근로기준법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who, without a particular trade name, has been employed by six full-time workers and operated a construction business by subcontracting steel-rein concrete construction works at a new construction site in Jeju-si B.

Defendant Company was working in the construction site from May 18, 2016 to June 23, 2016 and retired from office C’s May 2016, 2016, and paid 17,905,000 won in total for six retired workers as follows, including the amount of 2,420,000 won in wages of May 2, 2016, and wage of 4,180,000 won in June 2016, and did not pay 14 days after the cause for payment occurred without agreement between the parties to the extension of the date of payment.

In 2016, the name duty period of crime list is all the duty period of crime list.

The total daily amount of the arrears 1 C-type mold;

Above 5. 18

6. 2,420,00 won for June 4, 23. 2,180,000 won for 220,660,00 won for 2D

5. 31. Above 1000

6. 190,00 won for June 1, 1995,000 won for 2,185,000 won for 2,185,00 won for 3 E

5. 31. Above 1000

6. 190,00 won for June 2, 190,000 won for 2,375,000 won for 2,565,00 won for 4F

Above 6.3

6. 5 G of 380,000 won 190,000 won on June 3, 2300 5 G

Above 6.3

6. 6. 3,135,00 won 190,000 won 3,135,000 won 6 H

Above 6.3

6. June 3, 23: 190,000 won 3,040,000 won; and

2. Determination of each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. It is recognized that the victim expressed clearly his/her intent not to punish the Defendant on May 10, 2017 and June 14, 2017, which is the date of the instant indictment.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.