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(영문) 수원지방법원 성남지원 2014.07.28 2013고단3002

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in the instant case is the employer who is the representative of C Co., Ltd. in Seongbuk-gu, Sungnam-si and has five full-time workers, and engages in the manufacture and sale of semiconductor equipment from April 28, 201 to June 26, 2013, and has not paid the total of KRW 16,913,604 and retirement pay 7,403,426, and KRW 16.48,64, and KRW 205, and KRW 16.36,00 of the retired workers' wages within the same period of 20,000, KRW 20,000, KRW 20,000, KRW 145, KRW 24,000; and KRW 16.3,56,000 and KRW 48,00,000; and KRW 24,5636,000 and KRW 196,84,01.

2. Determination and conclusion-finding. Each of the above facts charged is a crime 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. Under Article 109(2) of the Labor Standards Act or the latter part of Article 44 of the Guarantee of Workers' Retirement Benefits Act, a public prosecution may not be instituted against the victim’s explicit intent. After the instant public prosecution, D of victimized Workers was filed on May 15, 2014, and submitted each written withdrawal of the complaint on July 28, 2014.

The fact that damaged workers have withdrawn their wish to punish each defendant is clear.

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