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(영문) 수원지방법원 안산지원 2016.06.24 2016고단1695

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who was engaged in a manufacturing business with eight full-time workers as the representative of Ansan-si Member B located in Ansan-si.

The Defendant did not pay the total of KRW 12,540,040 to four workers who worked in the above workplace as shown in the attached Form, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties.

The Defendant, as shown in the attached Form, did not pay 18,296,960 won in total to four employees within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On May 30, 2016, May 30, 2016, when four workers were indicted, the said four workers expressed their intention not to impose punishment.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;