beta
(영문) 인천지방법원 2013.09.27 2013고정2358

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. in Seo-gu Incheon, is an employer who runs a manufacturing business with two regular workers.

The Defendant did not pay KRW 5,374,682 in total, KRW 2,700,00 in E’s wages, which worked from June 1, 201 to October 31, 2012 at the same place of business, within 14 days from the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date for payment. < Amended by Presidential Decree No. 23568, Oct. 28, 2012; Presidential Decree No. 23507, Oct. 28, 2012; Presidential Decree No. 2424, Oct. 28, 2012; Presidential Decree No. 23774, Oct. 12, 2012; Presidential Decree No. 237820, Oct. 14, 2012>

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 Act on the Guarantee of Workers’ Retirement Benefits, 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 Act on the Guarantee of Workers’ Retirement Benefits. According to the written withdrawal of each of the copies written in D and E, it is apparent that the victim D and E have withdrawn his/her wish to punish the Defendant on August 1, 2013, and therefore, the instant prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.