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(영문) 인천지방법원 부천지원 2014.06.24 2014고단1080

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the C Hospital in Bupyeong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City, is an employer who employs 30 full-time workers and operates the hospital.

The Defendant, at the foregoing workplace around November 22, 2013, worked from around October 18, 2012 to retired workers D, did not pay 130,074,701 won, including the total of 330,556 won of wages and retirement pay and 2,041,060 won of retirement pay and 2,478,144 won of wages on November 2013, 2013, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties.

2. Each of the facts charged in the instant 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 Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers

However, according to the records, on June 3, 2014, after the prosecution of this case was instituted, the workers submitted a letter of withdrawal of each complaint that they do not want the punishment of the defendant, and thus all of the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.