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(영문) 수원지방법원 2016.01.14 2015고단5769
근로기준법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. In the facts charged, the Defendant, as the representative of the Co., Ltd. in the wife-population B, employs 11 full-time workers and operates manufacturing and wholesale business.

Where an employer suspends his/her business due to a cause attributable to the employer, he/she shall pay allowances of not less than 70/100 of average wages for the relevant worker during the period of suspension.

Nevertheless, the Defendant suspended business for D, working at the said workplace from November 1, 2013 to December 31, 2013, and from July 1, 2014 to July 31, 2014, on the ground that the funds for the purchase of raw materials are insufficient, the Defendant did not pay KRW 1,750,000 for business suspension allowances on December 5, 2013, which is the date of the regular payment of wages, and did not pay KRW 18,153,34 in total for four workers on the day of the regular payment of wages (the fifth day of each month), as shown in the list of crimes in the attached Form.

2. Each of the above facts charged is a crime falling under Articles 109(1) and 46 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. According to the records, it can be acknowledged that the victims withdrawn their intent to punish the defendant around October 13, 2015, which was before the prosecution of this case. Since each of the above facts charged in this case constitutes a case where the prosecution procedure of this case is in violation of the provisions of the Act and becomes null and void, all of the prosecution of this case is dismissed pursuant to Article 327(2) of the Criminal Procedure Act.

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