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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단1755

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of the instant case is the employer who runs the printing business in C Co., Ltd. located in Pakistan Co., Ltd.

From June 1, 2012 to June 1, 2015, the Defendant served in the pertinent workplace and did not pay KRW 9,000,000 of retired workers D wages and KRW 9,00,000 of retirement allowances and KRW 9,000 of retirement allowances within 14 days from the date of retirement and did not pay KRW 80,190,641 of wages and retirement allowances of 10 workers within 14 days from the date of retirement as shown in the list of crimes in the attached Table.

2. The judgment 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, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the above workers can be aware of the fact that they expressed their wish not to punish the Defendant after the instant indictment was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.