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(영문) 의정부지방법원 고양지원 2013.11.28 2013고단1122

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged is the user who is the representative director of D (ju) in Dongdaemun-gu Seoul Metropolitan Government and operates a service business (cleaning real estate management, etc.) in the E building at the time of strike with 35 regular workers employed.

The Defendant, while working in the above workplace, did not pay the total amount of KRW 4,16,60, and retirement allowances of KRW 1,188,633, the total amount of wages of workers G, and KRW 3,033,333,333, and retirement allowances of workers G, and KRW 3,05,630, the total amount of wages of workers H, and KRW 3,033,333,32,230, as well as retirement allowances within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

The dismissal of public prosecution is one of the crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and the accused cannot be prosecuted against the will expressed by the injured party under Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. The unpaid amount of wages is an offense falling under Articles 109 (1) and 36 of the Labor Standards Act and cannot be prosecuted against the will expressed by the injured party under Article 109 (2) of the Labor Standards Act.

However, according to the records, the victim G and H expressed their intent to punish the defendant prior to the prosecution of this case, and the victim F did not express their intent to punish the defendant. The victim F and H submitted to this court a petition withdrawal statement stating their intent not to have the defendant punished through the defendant on April 1, 2013, which was after the prosecution of this case, and the victim G submitted to November 26, 2013, which was after the prosecution of this case. Thus, it can be recognized that the victim G submitted to this court a written agreement stating the intent not to have the defendant punished against the defendant on November 26, 2013, which was after the prosecution of this case. Thus, all of the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.