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(영문) 의정부지방법원 고양지원 2015.08.21 2014고단2853
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who operates “F” using 30 full-time workers in Pakistan.

The Defendant did not pay KRW 87,303,225 to G retired from the said workplace from December 16, 2013 to June 1, 2014, without an agreement between the parties on the extension of the payment date between the parties concerned, and did not pay KRW 136,054,023 in total for eight workers within 14 days from the date of retirement, as described in the attached crime list, without any agreement on the extension of the payment 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 or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and thus, cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act or Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the remaining victims except H(S) shall prepare documents (written withdrawal or withdrawal of a petition or withdrawal of a complaint) containing their intent not to punish the defendant after the prosecution of this case, and shall be recognized as having been submitted to this court. On the other hand, a criminal investigation report containing the intent not to punish the defendant as to the victim H was submitted to this court. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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