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(영문) 인천지방법원 2016.02.17 2016고단4
근로기준법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Defendant A is a person who carries on personal construction in Yeonsu-gu Incheon Metropolitan City C, and Defendant B is an employer who operates E in Nam-gu Incheon Metropolitan City D.

Defendant

B, on April 2, 2014, without registering construction business, entered into a subcontract with Defendant A and Dong Building Industry (State) of Seodaemun-gu Seoul, Seodaemun-gu Seoul.

When a worker retires, an employer shall pay wages, compensations, and other money and valuables within 14 days thereafter.

A. Defendant A had been working from June 20, 2014 to September 30, 2014 at the said new construction site; Defendant A had not paid KRW 2,100,000 to retired workers G; (ii) from June 20, 2014 to September 30, 2014; and (iii) from June 20, 2014 to June 10, 2014 to June 20, 2014 to retired workers from work as wages of KRW 1,50,000 to KRW 30,00; and (iv) from June 20, 2014 to June 20, 2014 to KRW 10,00 to workers who retired from work as wages of KRW 6,750,00; and (iv) from around June 20, 2014 to around October 18, 2014 to KRW 30,50,501.

B. A who did not register construction business, etc. subcontracted by Defendant B with Defendant B, did not pay wages to 7 workers G et al. within 14 days from the date of retirement as set forth in the above paragraph (1).

2. Determination

A. Defendant A’s murder case constitutes a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records, the victims shall be indicted after the prosecution of this case.

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