beta
(영문) 수원지방법원 안양지원 2014.03.06 2013고정1387

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the user who carries on elevator manufacturing business by employing seven full-time workers as the representative director of the building C in Mayang-gu and D with the third floor in Mayang-gu.

The Defendant worked at the said workplace from January 15, 201 to February 28, 2013 and did not pay KRW 650,000 paid monthly wage of KRW 1,50,000 paid monthly wage of KRW 60,500,600 paid monthly wage of February 2013, and KRW 2,750,000 paid monthly wage of KRW 60,000, and KRW 2,750,000 paid monthly wage, from January 1, 2007 to July 4, 2013, of KRW 2,576,657, paid monthly wage of KRW 2,619,285, monthly wage of June 2013, KRW 3608,505, KRW 304, 302,000 paid until July 2013, and KRW 7561,7616, without agreement between the parties concerned.

2. The judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, 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. The records clearly indicate that the worker has withdrawn his/her wish to punish the defendant after the institution of the instant indictment. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.