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(영문) 의정부지방법원 고양지원 2014.07.02 2014고정471
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of Goyang-gu C Coina located in Yangyang-gu, Yangyang-gu, Yangyang-gu, the Defendant is an employer who employs ten full-time workers to engage in the

1. The Defendant did not pay 8,332,00 won for total wages in arrears of two workers within 14 days from retirement without an agreement on extension of the due date between the parties, as shown in the attached list of crimes, such as D’s total wages of KRW 860,00,00, which worked from April 1, 201 to May 20, 201 at the above workplace, including KRW 7,452,00,00, in September 201.

2. The Defendant did not pay the total amount of KRW 3,196,000 for two employees, as shown in the separate crime list, including KRW 1,600,00,00 of D retirement allowances, which worked in the above workplace from April 1, 201 to May 20, 2013, within 14 days from retirement without any agreement on extension of the payment date between the parties concerned.

2. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victims’ express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the Defendant on July 1, 2014, which is after the institution of the instant prosecution. Thus, each of the facts charged in this case is dismissed in accordance with Article 32

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