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(영문) 서울중앙지방법원 2017.09.26 2015고단7174
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who runs a business of selling houses and constructing new houses under the trade name of E Co., Ltd. in Gangnam-gu Seoul Metropolitan Government D, and an employer who engages in a construction business, such as new construction of houses, using 30 full-time workers at the housing construction site of 8 sites, including Gyeong-do.

From December 1, 2014 to January 24, 2015, the Defendant did not pay KRW 1700,000 of the retired workers F to F and F, within 14 days from the F’s retirement date, without having agreed on the extension of the payment date.

The Defendant, including this, did not agree with six workers and six workers on the extension of the payment date, and did not pay 3,910,000 won in total from the date of retirement of each worker within 14 days without having agreed on the extension of payment date.

Accordingly, the defendant did not pay wages within 14 days from the date of worker's retirement.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.

According to the records, it can be acknowledged that the above workers expressed their intention not to be punished against the defendant on January 31, 2017, which was after the prosecution of this case, after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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