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(영문) 수원지방법원 2018.10.04 2018고단2935

근로자퇴직급여보장법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative C Co., Ltd. in the wife population B, who employs 11 full-time workers and operates a household manufacturing business. The Defendant did not pay the total of KRW 10,000,000 retirement allowances and KRW 5,236,339 from the date of retirement within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties to the instant case and the date of retirement.

2. The offense provided for in Articles 109(1) and 36 of the Labor Standards Act shall not be prosecuted against the will expressed by the victim under Article 109(2) of the Labor Standards Act. The offense provided for in Articles 44 subparag. 1 and 9 of the Labor Standards Act shall not be prosecuted against the will expressed by the victim under the proviso of Article 44 of the Labor Standards Act.

According to the records, the facts presented by this Court on September 18, 2018, which was after the prosecution of this case was instituted, can be acknowledged.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.