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(영문) 수원지방법원 2015.09.14 2015고단3601

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged in the instant case is the representative of C Co., Ltd. located in Suwon-si District B, who runs a building management business using five regular workers.

The Defendant did not pay KRW 5,92,940 and retirement allowances of KRW 8,977,380, total amount of wages, including KRW 2,300,00, and KRW 5,992,940,940, and KRW 8,977,380, as of September 2, 201, 201, and retired from office, as of December 24, 2014; KRW 696,470 on October 2, 2014; KRW 696,47,00 on November 2, 2014; and KRW 2,300,00 on December 2, 2014, without an agreement between the parties on the extension of the payment date.

2. We examine the judgment. This part of the facts charged is a crime falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. The victim withdrawn his wish to punish the defendant on July 1, 2015, after the institution of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.