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(영문) 청주지방법원 충주지원 2014.11.26 2014고정140
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the actual management owner of D in Nam-gu Incheon Metropolitan City, is a direct contractor who subcontracted the field of panel construction to G at the F site located in Incheon Metropolitan City E.

Where a project is executed based on several tiers of subcontracting and a subcontractor fails to pay wages to workers due to a cause attributable to the immediate preceding contractor, the immediately preceding contractor shall be jointly and severally liable with the subcontractor.

Nevertheless, the Defendant did not pay the subcontract amount from March 2013 to April 2013 under the contract, without justifiable grounds, and did not pay 8.755,00 won in total for six retired workers, as shown in the attached list employed by G, without agreement on the extension of the due date for payment, 14 days have passed from the date of retirement, which is the date on which the cause for payment occurred.

2. We examine the judgment. The above facts charged are crimes falling under Articles 109(1) and 44 of the Labor Standards Act and cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act. According to the records of this case, it can be acknowledged that the victims have withdrawn their wish to punish the defendant on November 26, 2014, after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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