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(영문) 서울남부지방법원 2016.12.09 2016고정231
근로기준법위반
Text

The prosecution of this case is dismissed,

Reasons

1. The Defendant is an individual constructor who resides in Gangseo-gu Seoul Metropolitan Government, B, 1512 Dong 826.

The Defendant shall work from June 12, 2015 to July 4, 2015 at an individual housing construction site in Ansan-si.

A retired daily worker D's wages of KRW 2,445,00 in July 2015, and from June 7, 2015 to July 4, 2015.

A retired daily worker E did not pay KRW 3,450,000 for July 2015 within 14 days from the date of retirement without an extension of the payment deadline between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 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 intention not to punish: Agreement submitted on November 25, 2016, which was after the institution of public prosecution of this case.

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

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