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(영문) 의정부지방법원 고양지원 2015.05.13 2015고정407
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. Summary of the facts charged

(a) Workers B’ unpaid wages of KRW 5,275,160 in total from May 2014 to July 2014

(b) Unpaid retirement allowances of workers C 5,996,760 won.

(c) Workers D’ wages from February 2014 to April 2014, 2014, totaling 4,742,720 won of the year-end refund for 2013, wages from April 4, 2014 to July 7, 2014, totaling the annual-end refund for 2013, unpaid KRW 7,896,850.

(d) Unpaid retirement allowances of 5,340,600, and retirement allowances of 2,715,030 won for workers E;

2. Determination

A. The facts charged in this case cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act

B. According to the employee's written application for punishment and identification card submitted by the defendant, it is judged that the victims have withdrawn their wish to punish the defendant.

C. Dismissal of public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act

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