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(영문) 인천지방법원 부천지원 2014.01.08 2013고정2056

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, as the representative of the week B in Orcheon-gu, 10 workers, who run the electronic component manufacturing business using ten full-time workers. From July 1, 2010 to April 30, 2012 of the retired workers D, the Defendant served for the period from March 4, 2012 to April 30, 2012; for the total amount of KRW 3,819,079; for the period from June 4, 2010 to April 30, 2012; for the period from June 4, 2010 to April 30, 2012 to KRW 3,896,749; for the period from March 4, 2016 to KRW 20, for the total of KRW 201 to April 30, 2010 to KRW 20, for the period from June 30, 2010 to KRW 381.

2. This case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the employee’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. According to the records, the facts can be acknowledged that all workers expressed their intention not to be punished against the Defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed under Article 327 subparag.