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(영문) 의정부지방법원 2013.12.20 2013고단3692
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of Section B(C) located in both weeks and is an employer who runs a food manufacturing business using eight regular workers.

The Defendant violated the Labor Standards Act at the foregoing workplace, and served from June 21, 2012 to January 26, 2013, and served as the employee from January 27, 2013 of the same month, including KRW 1,100,000 as wages of January 27, 2013 of the same month, and did not pay KRW 32,084,648, total amount of wages of 11 workers within 14 days from the date of the occurrence of the cause for payment without an agreement between the parties on the extension of the due date for payment.

B. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act was serving in the above workplace, from December 1, 201 to January 31, 2013, and for the same year.

2.1. Retirement Allowance of Retired E was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.

2. The facts charged in the instant case are cases in which a public prosecution may not be instituted against the intent expressed by the victim under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

However, according to the trial records, it is recognized that workers expressed their intent not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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