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(영문) 인천지방법원 2015.10.27 2015고단6002

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is an employer who operates the “(ju)D” using 20 full-time workers in Seo-gu Incheon, and the Defendant did not pay KRW 152,64,431, total amount of wages and retirement allowances of 12 workers, including KRW 1,030,274, Sept. 1, 2006 through November 30, 2014, as stated in the attached Form, within 14 days from the date of retirement, without agreement between the parties to the extension of the due date for payment.

Judgment

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act);

B. The employee’s expression of his/her intention not to punish him/her after the instant indictment was instituted (Submission of an agreement on October 26, 2015)

(c) Grounds for judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);