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(영문) 광주지방법원 목포지원 2015.08.28 2015고단753
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative director of C in Youngnam Cancer B.

Around March 2011, the Defendant contracted a new construction project of Hanwon-gun E in Jeonnam-gun from D, etc., and around that time, concluded a contract with F, other than a constructor, under Article 2 subparagraph 7 of the Framework Act on the Construction Industry.

Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages to his/her workers when the business has been made a contract under subparagraph 11 of Article 2 of the Framework Act on the Construction Industry, the immediate upper contractor shall pay wages to his/her workers

Nevertheless, the Defendant did not pay 7,350,000 won of G wages of workers G employed by the subcontractor F from May 201 to October 201 of the same year at the above construction site within 14 days from the date of retirement, without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 44-2 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the records of this case, it is recognized that G submitted a written withdrawal of complaint and a written agreement to the effect that the above G does not want punishment against the defendant on May 13, 2015, which was after the institution of indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure

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