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(영문) 의정부지방법원 2016.04.20 2015고단4793
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a C representative in Gyeonggi-gun B, who employs one full-time worker and engages in food-raising business.

A. The Defendant did not pay KRW 1,263,30,00 as the sum of D’s wages of KRW 210,00 on March 3, 2013, which had been employed by the said business entity from March 16, 2013 to May 20, 2014; KRW 210,000 on April 20, 2013; and KRW 610,000 on July 2013, 2014, including wages of KRW 233,330 on May 23, 2014.

B. The Defendant did not pay KRW 1,640,050,050 of D’s retirement allowances working for the same period at the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and shall not be prosecuted against the will expressed by the victim pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the records of this case, it is recognized that the above D submitted a written agreement to the effect that it would not want punishment against the defendant on October 12, 2015, which was after the prosecution of this case. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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