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(영문) 대구지방법원 2013.11.29 2013고단4848

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of (ju)D in Daegu-gun Group C, is a person who operates F in Yeongdeungpo-gu Seoul Metropolitan Government E.

From August 1, 201 to December 31, 2012, the Defendant did not pay KRW 3,025,610, total amount of KRW 800,000 wages of retired workers G and retirement allowances of KRW 2,225,610, as well as KRW 3,025,610, as well as KRW 14 days from the date of retirement without agreement on the extension of the due date.

In addition, the Defendant did not pay the total of 36,88,656 won of wages and retirement allowances of 10 workers retired from the above F as stated in the list of crimes in the following list within 14 days from the date of each retirement without agreement on the extension of the due date.

2. Each of the facts charged in this case is an offense 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 explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act

However, according to the statement of withdrawal of each of the above facts charged, which is bound by ten workers of the above facts charged, it is recognized that the above ten workers have withdrawn their wish to punish the defendant on November 20, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.