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(영문) 수원지방법원 안양지원 2013.11.22 2013고정681
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of C Co., Ltd. located in the second floor of the Gu B building in Ansan, who employs ten full-time workers and operates civil engineering and design business.

The Defendant worked from March 2, 2011 to June 15, 2012 at the foregoing workplace and retired D’s wages of KRW 2,246,593 on October 201, 201 and did not pay KRW 55,063,566 in total amount of wages of three workers within 14 days after retirement without agreement on extension of the due date, as stated in the attached crime sight table.

B. The Defendant, at the foregoing place of business, worked from March 2, 2011 to June 15, 2012, and retired from D’s retirement pay of KRW 3,955,923 as well as KRW 14,025,480 in total for three employees, as indicated in the list of crimes in the attached Table, did not pay each amount within 14 days after retirement without an agreement on extension of the due date.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and an offense falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victims expressed their intention not to punish the Defendant after instituting the prosecution, and thus, the instant indictment is dismissed in accordance with Article 327 subparag.

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