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(영문) 인천지방법원 부천지원 2015.04.17 2015고단601
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. in Kimpo-si, who runs a construction business with six full-time workers.

The Defendant did not pay the total amount of KRW 36,846,53 of wages and retirement allowances of workers D who worked in the said workplace from January 2, 2013 to January 31, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties concerned, and did not pay KRW 50,086,463 of wages and retirement allowances of two workers within 14 days from the date of retirement, as described in the attached crime list.

2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to each letter of withdrawal received by the court, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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