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(영문) 수원지방법원 성남지원 2014.04.23 2014고단677

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the (State)C in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the Defendant is an employer who employs nine full-time workers and operates retail business.

The Defendant did not pay KRW 25,753,00 in total and KRW 2,314,408 in total for various allowances, including KRW 517,00 in December 12, 201, when he/she worked as a gas filling source from December 15, 201 to July 31, 2013, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties.

2. The facts charged in the instant case are crimes 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 express intent. Since the victim expressed his intent not to punish the Defendant after the institution of the instant indictment, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.