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(영문) 수원지방법원 2018.11.15 2018고단5964

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant, as the representative of the C Private Teaching Institutes in G in Ssung City, employs three full-time workers, and is an employer who runs the business of a Bosing Private Teaching Institutes. From October 28, 2013 to December 31, 2016, the Defendant did not pay 26,00 won in the wage balance of December 28, 2016 and retirement allowance of 5,289,845 won in December 2016, as well as retirement allowance of 5,289,845 won in December 17, 2017 to December 14, 2017 to retired from work as a worker D and did not pay 1,500,000 won in December 2017 to workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

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, on October 10, 2018, after the institution of the instant indictment, the court may recognize the fact that a written agreement and a written statement of non-members of the employee D, stating the purport of “not criminal punishment against the defendant,” was submitted to this court on October 10, 2018.

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.