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(영문) 인천지방법원 2015.11.11 2015고단6197

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of the instant case is an employer who runs the “D Living Cooperative” by using 95 full-time workers from the 4th, 8th (C hospital), and 3,36,839 won in total, including E’s wages and retirement allowances, etc., worked from August 4, 2014 to January 20, 2015, and 282,790,861 won in total, including 85 employees’ wages and retirement allowances, etc., as indicated in attached Table 1, 2, as indicated in attached Form 1, and 2, did not pay 85 employees’ wages and retirement allowances, etc. within 14 days from the date of retirement without any agreement on extension between the parties concerned of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written indictment, the victims after the institution of the instant indictment have clearly withdrawn their wish to punish the Defendant on November 6, 2015, and thus, the instant indictment is dismissed pursuant to Article 327 subparag.