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(영문) 수원지방법원 안산지원 2016.05.04 2015고정1819

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of G in Ansan-si F, is an employer who conducts manufacturing business with 16 full-time workers, who are the representative of G in Ansan-si.

From October 22, 2010 to March 31, 2014, the Defendant provided labor to the above enterpriser and did not pay the amount of KRW 4400,000,000 as well as retirement allowances and retirement allowances of KRW 3,862,540 as well as retirement allowances of KRW 17,630,790 as well as the total amount of KRW 5,863,256 for two employees, as described in the list of crimes in the attached Table, did not pay KRW 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and do not prosecute each victim against his explicit intent under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

On April 19, 2016, after the institution of the instant prosecution, the victimized employee expressed his/her intent that he/she does not want to be punished against the Defendant in this court.

All of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.