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(영문) 창원지방법원 2018.10.30 2018고정558

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is an employer who operates a manufacturing business as an actual operator of “C” located on the counter of Changwon-si, Changwon-si. From March 2, 2017 to April 16, 2018, the Defendant did not pay KRW 8,534,270 in total, including KRW 1,62,50 in wages of March 2, 2018, KRW 3,57,500 in retirement allowances, KRW 3,514,270 in total, and KRW 8,534,270 in wages of April 2018.

(2) the Corporation.

In light of the records, it is a crime falling under Articles 109(1) and 36 of the former Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The above victim’s expression of his/her wish not to punish the Defendant after the indictment of this case is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.