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(영문) 인천지방법원 2015.08.28 2015고정2179

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative of Gyeyang-gu Incheon and the second floor located in the second floor, who runs a manufacturing business with five regular workers.

1. The Defendant, at the foregoing place of business, worked from November 1, 2012 to January 29, 2015, and did not pay KRW 6,909,676 in total amount of wages of two workers, including KRW 2,200,00 on December 2, 2014 of retired D, within 14 days from the date of retirement without any agreement on extension of the payment deadline, as shown in the attached crime list.

2. The Defendant, at the same place of business, worked from November 1, 2012 to January 29, 2015 and did not pay the total amount of KRW 16,116,897, as well as KRW 4,835,019 of D retirement pay, which was retired, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

2. The facts charged in the instant case are those 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, and cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, it is recognized that the victims have withdrawn their wishes to punish the defendant, and the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.