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(영문) 광주지방법원 2021.01.22 2020고정1026
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the Seo-gu Seoul Special Metropolitan City (ju)C, employs six full-time workers from (ju) D with a subcontract for the unused and waterproof construction works among the new E-type E-type construction works, who did not obtain a construction license, directly executes a subcontract for the area of waterproof construction work in KRW 818,90,000.

Where a construction business has been executed two or more occasions of a contract for construction business defined in subparagraph 11 of Article 2 of the Framework Act on the Construction Industry (hereinafter referred to as "contract for construction"), if a sewage supplier who is not a constructor defined in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages generated from the relevant construction works) to his/her workers, a person directly responsible for the supply and demand of the wages shall be jointly and severally liable with a sewage supplier for the wages of workers employed by a sewage supplier.

Nevertheless, the Defendant did not, however, pay the total amount of the wage of G 3,740,00 won on March 19, 2019 through April 13, 2020 of G 3,740,000, H 3,520,000 won on March 3, 2020, and first’s wage of 3,520,000 won on March 3, 2020, JJ’s 3,30,000 won on March 19, 200; K’s wages of 2,850,000 won on March 19, 200; L’s wages of 2,850,000 won on March 13, 2020; L’s wages of 2,560,000 won on March 2, 200, 1909, 109,000 workers in arrears without agreement.

2. The facts charged in the instant case are crimes of non-violation of intention, and the victims expressed their intent not to have their punishment against the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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