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청주지방법원 제천지원 2015.01.15 2014고단475

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the actual management owner of C (ju), did not pay KRW 12,155,250 in total, 39,100,000 and KRW 12,155,250 within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned, as stated in the details of the attached money and valuables in arrears.

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 cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the workers can be acknowledged to have withdrawn their wish to punish the Defendant on September 2, 2014, which is after the institution of the instant case. Thus, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act