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(영문) 수원지방법원 2015.11.26 2015고단4555

근로기준법위반등

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant, as a representative in C located in B when he is in harmony, was an employer who runs a manufacturing business using five regular workers.

(1) The Defendant unpaid wages at the above workplace, as indicated in the attached crime list, did not pay 14,690,625 won in total for three workers within 14 days from the date of retirement, as stated in the attached crime list, including the amount of wages of 303,575 won on August 16, 2003 through January 29, 2014, and retired from office.

(2) The Defendant, as described in the foregoing Paragraph (1), did not pay the total amount of KRW 17,813,930 of the three employees’ retirement allowances, including KRW 8,220,930 of the retirement allowances of D, as well as KRW 8,220,930, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. The above facts charged are crimes 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 the case cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it is obvious that the worker withdraws his/her wish to punish the defendant after the public prosecution of this case was instituted. Thus, this part of the public prosecution is dismissed under Article 327 subparag. 6 of