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(영문) 광주지방법원 2019.08.21 2018고단5250
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the C Co., Ltd. in the Jeonnam-gun, Jeonnam-gun, who runs a construction business by employing five full-time workers.

The Defendant, from June 28, 2017, at the construction site of Pyeongtaek-si E and 82 lots F new construction works that the said corporation had subcontracted from D Co., Ltd., and that year from June 28, 2017

8. Until March 31, 200, labor shall be provided as long as it is prescribed by the Presidential Decree.

The retirement G’s wage of KRW 1,050,000 for June 6, 2017 was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, and the total amount of KRW 39,000,000 for the total amount of seven retired workers was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Each former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 109(1) of the Labor Standards Act; Article 36 of the Labor Standards Act

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

C. An expression of intent that workers listed in the attached list do not want to be punished against the Defendant on August 20, 2019

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

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