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(영문) 수원지방법원 2015.10.22 2015고정659

근로기준법위반

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of D Co., Ltd. located in the wife population C, is an employer who runs a medical device manufacturing business using four regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,648,690 in April 10, 2013 to June 30, 2014; KRW 2,648,690 in April 2, 2014; KRW 2,648,690 in May of the same year; KRW 7,894,290 in June 2, 209; KRW 2,648,690 in April 2, 2014; KRW 2,648,690 in May 2, 2014; KRW 2,731,910 in total; KRW 15,239,580 in June 2, 2014; and KRW 2,648,690 in April 30, 2014 in each of the parties’ retirement from the date of payment without agreement between the parties concerned.

2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the records of the instant case, the victims may recognize the fact that they have withdrawn their wish to punish the Defendant on October 8, 2015, which was after the instant indictment was instituted.

Therefore, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.