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(영문) 수원지방법원안양지원 2020.09.18 2020고정269
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of the Company B in the facts charged, is a direct contractor who subcontracted the part concerning the construction of the toilet for each of the following works to the Company B as the “C Apartment Construction Work” (hereinafter “D”), the “C Apartment Construction Work” located in the Si-Ying City from C’s Housing to Si-Ying City (hereinafter “F Construction”), and the “H Apartment Construction Work” located in Guang City from G to Si-Ying City (hereinafter “I”) respectively.

Where a construction business is conducted on two or more occasions and a subcontractor who is not a constructor under subparagraph 2 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 be jointly and severally liable with the subcontractor to pay

Nevertheless, the Defendant, the subcontractor, from April 3, 2019 to April 5, 2019, did not pay KRW 10,640,000 in total amount of two workers’ wages from April 7, 2019 to April 5, 2019 to the F Corporation’s site, from April 25, 2019 to June 5, 2019, from May 7, 2019 to May 18, 2019, without agreement on extension of the due date between the parties, within 14 days from the date of retirement.

2. Determination

(a) Crimes of non-compliance with will (Articles 109(2) and 44-2 of the Labor Standards Act);

B. After the prosecution of this case, the victim expressed his intention not to punish him (the receipt on August 14, 2020)

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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