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(영문) 수원지방법원 성남지원 2016.05.26 2016고단526
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. Defendant B is an employer who is a full-time employee under contract with Defendant A, a representative D, for approximately KRW 141,000,000 among the field of the multi-family housing C in Gwangju City (B) and works with eight full-time employees.

1. Defendant B did not pay the amount of KRW 1,280,00 in total, including KRW 1,280,00 in March 23, 2015, and KRW 2,560,00 in April 2015, and KRW 2,560,00 in total, and KRW 1,280 in April 2015, and KRW 1,120,000 in April 20 through April 9, 2015, in April 2015, which were worked as tin and worked as tin during the above construction site from March 23, 2015 to April 9, 2015 without agreement between the parties on the extension of the payment period between them.

2. Where a construction business has been carried on two or more occasions a contract defined in subparagraph 8 of Article 2 of the Framework Act on the Construction Industry, and where a constructor who is not a constructor defined in subparagraph 5 of Article 2 of the same Act fails to pay wages to his/her workers, the immediate upper-tier subcontractor shall pay wages to his/her workers jointly with a subcontractor;

Although Defendant B, as described in paragraph 1, was unable to pay wages to E and F, Defendant A did not pay wages.

2. The judgment below is the case that falls under Articles 109(1), 36, and 44-2 of the Labor Standards Act and cannot be prosecuted against the victim's explicit intent under Article 109(2) of the same Act. The records show that the victims submitted the agreement after the prosecution of this case was instituted and submitted a statement of intent not to punish the defendant. Thus, all of the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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