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(영문) 대구지방법원 서부지원 2016.11.18 2016고단1646

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is an employer who operates “C” under the name of No. D. A. From March 1, 2012 to December 31, 2015, the Defendant violated the Labor Standards Act. The Defendant did not pay KRW 60,759,625 of the total wages of 24 workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as stated in the portion of “wages” between the two-four workers, including KRW 2,100 in December 1, 2015 and KRW 2,10,00 in the separate list of crimes, including KRW 785,00,00 of the retired workers E, from March 1, 2012 to December 31, 2015.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent.

According to the records and records of the letter of withdrawal of complaint submitted to this court, it can be recognized that the employee himself/herself listed in the annexed list of crimes or E, delegated by him/her, has withdrawn his/her wish to punish the defendant on October 10, 2016, after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.