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(영문) 서울남부지방법원 2013.04.17 2013고정439
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. On May 18, 201, Defendant A is an employer who runs construction business using 180 full-time workers as the representative director of the E Co., Ltd. who received a contract from D Co., Ltd. for stone construction sites in the Almata City Almata City of Almata City.

From October 20 to January 7, 2012, the Defendant worked at the above construction site and did not pay the total amount of KRW 4,419,00,00, including the wages of KRW 2,979,00 in December 2011, and the total of KRW 1,440,00 in January 201, and KRW 4,419,00 in the above construction site from October 21, 201 to February 3, 2012, KRW 2,490,00 in total of KRW 0,80,000 in the wages of KRW 3,50 in January 20, 201, KRW 70 in the above construction site, including the total of KRW 50,00 in the wages of KRW 50,00 in February 50, 201, KRW 70 in the above workers’ wages of KRW 1,50,01 in the above construction site within 20,10,210.

B. Defendant B’s Defendant A.

is the representative director of the immediately preceding contractor who subcontracted the construction work to the above E Company.

Although the Defendant paid the contract amount under the subcontract agreement to the above E Co., Ltd., the Defendant failed to pay KRW 42,409,315 in total, without justifiable grounds, and the above E Co., Ltd., within the said scope.

Despite the responsibility to pay wages to the workers under paragraph (1), they did not pay them respectively.

2. The facts charged pertaining to this part of the facts charged cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. From January 29, 2013 to the same year after the prosecution of this case is instituted.

2. On April 2, 200, the above workers expressed their intent not to punish the Defendants. As such, Article 327 of the Criminal Procedure Act is applicable.

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