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(영문) 수원지방법원 안산지원 2014.06.25 2013고단2789

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The Defendant is the actual manager of C in accordance with subparagraph 3Ma301 of the facts charged, who is engaged in the manufacturing industry by using six full-time workers.

around April 25, 2013, the Defendant did not pay KRW 12,182,240, and KRW 3,988,571 as well as KRW 12,182,240, and KRW 3,98,571 as of February 2013 of 2013 to workers D, who worked from November 1, 201 to April 10, 201, wages of KRW 2,400,00 for March 2013, and wages of KRW 80,000 for overtime allowances and holiday work allowances, total amount of KRW 6,582,240, and retirement allowances and total amount of KRW 6,582,240 for retirement allowances and retirement allowances and KRW 3,98,571 for each party within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

The facts charged against the board of directors 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 cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the facts can be acknowledged that the victim expressed his/her wish not to punish the Defendant on June 25, 2014, which is the date of the instant indictment. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal