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(영문) 의정부지방법원 2017.06.29 2016고정2683
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Dispute Resolution Co., Ltd. in Namyang-si, who runs the furniture manufacturing business by employing 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 250,000,000 for the wages of October 2015, 2015, the total of KRW 1.6 million in November 2015, the wage of KRW 1.655 million in December 8, 2015, and KRW 2.650,000 in the said workplace from January 18, 2016 to March 11, 2016 of E (E; hereinafter referred to as E; hereinafter referred to as “E”); and KRW 401,250 in February 2016; and KRW 1,31,80 in March 1, 2016; and KRW 1,73,130 in March 1, 2016; and KRW 2.3830 in March 1, 2013; and KRW 431,330 in March 1, 2013; and

2. The facts charged in the instant case are crimes falling under Article 44 subparagraph 1 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the facts can be acknowledged on June 28, 2017, which were following the institution of the instant prosecution, that D (D, the Philippines), E (E), and the Republic of Korea expressed their intent not to punish each of the Defendant. Thus, the instant prosecution in the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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