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(영문) 수원지방법원 안산지원 2015.05.01 2015고단59

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. with B and 302, who runs pipeline installation business using six regular workers. A.

From October 20 to August 31, 2014, the Defendant had D and E employed the said workplace and had them work at the said workplace, and did not pay KRW 11,008,000 in total of wages from May 2014 to August 2014, 2014, as shown in the attached Table of Crimes, and KRW 6,140,000 in total of wages from May 20, 2014 to August 2014, as well as wages from E, within 14 days from the date of retirement without any agreement between the parties on the extension of the date.

B. The Defendant, at the above place of business, employed D, E, and F as indicated in the separate list of crimes, did not pay each retirement allowance specified in the separate list of crimes within 14 days from the date of retirement without any agreement between the parties on the extension of the period.

2. According to Article 109(2) of the Labor Standards Act, the violation of the Act on the Guarantee of Workers' Retirement Benefits is a case in which a public prosecution cannot be instituted against the express intent of each victim under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the records, on December 30, 2014, the victim D, F, and E withdraw their wish to punish each of the Defendant after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.