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(영문) 창원지방법원 마산지원 2018.05.24 2018고단286
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant did not pay 15,208,657 won in total, including the amount of wages and retirement allowances of 25 workers, and 602,827,000 won in total, of the wages and retirement allowances of 25 workers, within 14 days from the date of retirement, within 14 days from the date of retirement, as stated in the “detailed statement of money and valuables in arrears of each individual” in the attached Table, as stated in the “detailed statement of personal payment in arrears”, from September 9, 2015 to May 26, 2017, at the place of business located in Haan-gun, Haan-gun, B, and around June 2017, the Defendant worked as an employee of the said company from September 2, 2015 to May 26, 2017.

2. Each of the facts charged in the instant case is an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, or Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits. Each of such an offense may not be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

According to the contents of each written withdrawal of complaint filed in the trial records, the victim 25 stated in the facts charged of the instant case may be acknowledged as having expressed his/her intent not to be punished against the defendant from April 10, 2018 to April 20, 2018, which was after the prosecution of the instant case was instituted, or having withdrawn his/her wish to punish the defendant.

Thus, this case constitutes a case which cannot be prosecuted against the victim's clearly expressed intention, or a case where the victim's expression of wish to punish is withdrawn, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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