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(영문) 대전지방법원 2014.04.18 2014고단879
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an individual constructor who is a direct contractor C, and employs 10 full-time workers under a subcontract for light capacity construction among the new construction works of Eunpyeong-gu Seoul Metropolitan Government D Building.

From February 27, 2013 to June 27, 2013, the Defendant is working on the spot.

The retirement E’s total wage of KRW 6,10,00 for three retired workers, including KRW 1,250,000 in May 2013, and KRW 2,150,00 in June wage of KRW 90,00 in total, and KRW 2,150,000 in addition to the statement of unpaid money and valuables by each individual, did not pay KRW 6,110,000 in total for 14 days from the date of each retirement without an agreement between the parties

2. The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which are crimes of non-violation of will under Article 109(2) of the Labor Standards Act. Since it is apparent in the record that the victims have withdrawn all their intent to punish the Defendant on April 14, 2014, after the instant indictment was instituted, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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