beta
(영문) 수원지방법원 2015.04.23 2015고단571

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of the B stock company, who runs the machinery parts manufacturing business using ten regular workers.

Without agreement between the parties on the extension of the due date, the Defendant provided labor at the business place of a company located in Ssung in Ssung from October 1, 2013 to November 4, 2014, and was retired D's wages of September 2, 2014, including KRW 2,196,38 of the retired D's wages and retirement allowances for eight retired workers, as stated in the attached list of crimes in the attached list of crimes, and did not pay KRW 47,227,651 within 14 days from the date of retirement.

2. The above facts charged constitute a crime 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 under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, on March 12, 2015 or April 9, 2015, which was after the prosecution of this case, the above workers expressed their intention not to punish in this court. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.