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(영문) 인천지방법원 2017.12.15 2017고단8024

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the employer who has employed 17 full-time workers from the Incheon Gyeyang-gu and the fourth floor to engage in passenger transport business.

From April 2, 2016, the Defendant served as a bus driver at the said company from around April 2, 2016, and did not pay KRW 902,510 in December 6, 2016, the amount of wages of 1,369,170 in January 2017, the amount of wages of 1,549,170 in February 2017, the amount of wages of 1,704,69,690 in March 2017, and the amount of wages of 269,510 in April 269, 2017, within 14 days from the date of retirement without agreement on the extension of the payment period.

2. 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, and may not be prosecuted against the victim’s explicit intent pursuant to 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 record, on September 19, 2017, an employee of the victimized person expressed his/her intent not to be punished against the Defendant after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.