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(영문) 수원지방법원 성남지원 2014.06.30 2014고단1299

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in this case is as follows: while the defendant is the representative director of C Co., Ltd., which is the first 1311 of the building B in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and has been engaged in the retail business of golf products using six regular workers, the defendant did not pay 1,132,306 won as wages of October 1, 201, and 1,846,153 won as well as retirement pay of 1,846,153 won as well as retirement pay of 1,428,614 won as well as the total 4,407,07,073 won as wages and retirement pay of 11,856,868 won as well as wages in arrears within 14 days from the date of the agreement on the extension of the payment period between the parties concerned.

2. Determination and conclusion-finding. Each of the above facts charged is a crime 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, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records on withdrawal of each complaint filed in the records, it is recognized that the victimized workers of this case have withdrawn all their wish to punish the Defendant on April 18, 2014, which was the date of prosecution.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.