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(영문) 수원지방법원 성남지원 2013.06.21 2013고정819

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a stock company C in the area of 303 building in Seongbuk-gu, Sungnam-si.

The Defendant did not respectively pay the wages of KRW 5,94,260 and retirement allowances of KRW 4,256,356, and workers E who worked from October 8, 2007 to November 23, 2012 at the same workplace as well as KRW 15,356,630, total amount of wages of KRW 4,420,630, total amount of retirement allowances of KRW 8,676,556, and total amount of KRW 8,566, and total amount of retirement allowances of KRW 14 days from the date of the occurrence of the cause for payment without an agreement on the extension of the payment. < Amended by Act No. 8579, Oct. 4, 2007; Act No. 11373, Nov. 23, 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 Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent. Since the victims expressed their intent not to punish the Defendant after the institution of the instant indictment, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.