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(영문) 창원지방법원 2019.08.27 2019고정346

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a non-resident rental business with the trade name B from the window B of Changwon-si, Changwon-si.

The defendant works as security guards from February 1, 2014 to September 19, 2018.

Withdrawn’s total sum of KRW 12,732,960 and KRW 18,632,960,00 for retirement allowances and KRW 5,900 for retirement allowances and KRW 18,632,960 for retirement allowances, without any agreement between the parties on the extension of the due date.

2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since the victim worker D withdraws his wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.