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(영문) 수원지방법원 안양지원 2013.11.14 2013고정757

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a C representative in the third floor in the militaryposi, who employs nine full-time workers, and operates a business of manufacturing semiconductor gold-using contact devices.

The Defendant did not pay the total of KRW 100,00 in July 19, 201, KRW 1,124,569 in August wage, KRW 1,080 in September wage, KRW 1,080 in September wage, KRW 274,80 in March bonus, KRW 549,60 in June, and KRW 3,756,079 in March bonus, KRW 549,60 in September, 201, and KRW 3,454,329 in April 12, 209 from August 19, 201 to October 3, 201 without agreement on the extension of the payment period.

2. The judgment is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 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, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the fact that the worker D withdraws his wish to punish the defendant after the institution of the instant case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.