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(영문) 서울남부지방법원 2016.04.29 2016고단1262
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative of the Geumcheon-gu Seoul Metropolitan Government Building No. 1310, who employs 54 full-time workers and operates a construction business.

Wages shall be paid in full directly to workers at least once a month on a fixed date.

Nevertheless, the Defendant does not pay KRW 5,230,00 for June 1, 2015 to June 30, 2015, which is the regular payment date, from May 13, 2014 to September 1, 2015, and did not pay KRW 5,230,00 for workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based workers-based on May 18, 2012 to October 16, 2015; and did not pay KRW 5,1000,5.

2. The facts charged of the instant case are crimes falling under Articles 109(1), 43(1), and 43(2) of the Labor Standards Act and cannot be prosecuted against the victim’s express intent. Since the victims expressed their respective intent not to punish the Defendant after the institution of the instant indictment, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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