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(영문) 수원지방법원 안산지원 2013.07.19 2013고단310

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the actual operator of C in Si interesting City B, who employs seven full-time workers and operates a manufacturing business.

The Defendant did not pay KRW D’s annual allowances of KRW 2,331,100 from January 3, 1994 to August 15, 2012, KRW 3,054,54,54,545, annual annual allowances of KRW 2,331,100, and monthly wages of KRW 660,774,51, monthly wages of KRW 8,377,519, and retirement allowances of KRW 49,339,80 from August 3, 2012, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged in the instant case are crimes falling 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, which 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. Since it is apparent that the victim D withdraws his wishing to punish the defendant on July 2, 2013, which is after the public prosecution was instituted, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.