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(영문) 의정부지방법원 2017.11.14 2017고단3383
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who performs landscaping planting construction works as the representative of the Songpa-gu Seoul Metropolitan Government Dispute Resolution D, and Defendant B is the representative director of F (ju) in the Gyeongdong-si E and the third floor in Gyeonggi-do, and the defendant A is a direct contractor who subcontracts the field of landscaping planting among G M maintenance works in the Gyeonggi-si, Yangju-si, the Gyeonggi-si, the Gyeonggi-si, the G Triwon H maintenance work to the defendant A to 737,00,000.

1. When a worker dies or retires, the employer of the crime against the defendant A shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Defendant did not pay KRW 567,00 of the I’s wages in August 2, 2016, which worked from August 2, 2016 to August 12, 2016 at the above construction site, and did not pay KRW 33,650,000 for the total wages of KRW 89 of workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table of Crimes.

2. Where the crime committed by Defendant B is carried out through multiple subcontractings, if the subcontractor fails to pay wages to workers on account of a cause attributable to the immediate recipient, the immediate recipient of the wages shall be jointly and severally liable with the sewage supplier;

In addition, the Defendant failed to pay the said subcontract price to A at the construction site at which the said subcontract was made to A, thereby preventing the said A from paying KRW 567,00,00 to August 12, 2016 that it worked for the said A from August 2, 2016 to August 12, 2016, and prevented the Defendant from paying KRW 33,650,000 for the total wages of KRW 89, as shown in the list of crimes in the attached Table, without any agreement on the extension of the payment period between the parties, within 14 days from the date of retirement.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

B. After the prosecution of this case, the victims expressed their intention not to punish them.

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