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(영문) 의정부지방법원 2016.12.20 2016고정1380
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an individual constructor, and an employer who runs a construction business under a subcontract with D representative E for the structural frame part among the new construction works of Songpa-gu C Multi-household Loan in Songpa-gu Seoul.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

The Defendant did not pay the total amount of KRW 1,020,00 from July 23, 2015 to September 11, 2015, the wage of KRW 3,230,00 in August 2015, and KRW 1,020,00 in September 2015, the total amount of KRW 5,270,00 in September 20, and KRW 5,270,00 in G who worked from July 20, 2015 to September 10, 2015, and KRW 1,530,00 in July 20, 2015; KRW 3,740,00 in August 3, 205; and KRW 1,020 in September 1, 2015; and KRW 60,01 in 1,060 in 20; and KRW 650,01 in 206,00 in 205.

2. The violation of each of the Labor Standards Act, which constitutes Article 109(1) of the Labor Standards Act, is an offense against which a public prosecution cannot be instituted against the victim’s explicit intent pursuant to Article 109(2) of the same Act.

However, according to the records of this case, F and G expressed their intent not to have the Defendant punished on December 14, 2016.

Therefore, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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