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(영문) 인천지방법원 부천지원 2016.06.02 2016고단54
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative in Kimpo-si B, is an employer who operates the mechanical manufacturing business using five full-time workers. From December 1, 2010 to July 23, 2015, the Defendant did not pay the victim D’s wages of KRW 28,980,660, retirement allowances of KRW 12,368,198, and retirement allowances of KRW 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.

2. The above facts charged are the 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, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

On May 24, 2016, after the prosecution of this case, the victim's intent not to punish the defendant was clearly expressed in this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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