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(영문) 수원지방법원 2015.09.16 2015고단364
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of C Co., Ltd. located in B, who runs a manufacturing business with 18 full-time employees.

1. The Defendant did not pay 32,690,649 won in total, 31,902,653 won in total, 5 employees, as indicated in the list of crimes, including 4,000,000 won in July 2, 2014, wage of 4,000,000 won in wage of August 8, 2014, retirement allowance of 9,45,620 won in the attached list of crimes, and 1,2,4,55,620 won in the attached list of crimes, as stated in the list of crimes, and 9 through 11, 32,690,649 won in total, and 31,90,653 won in total, including 5 employees in the list of crimes, within 14 days from the date of retirement without agreement between the parties concerned.

2. The Defendant did not pay KRW 20,150,764 in total for three workers, including KRW 3,223,180 on October 4, 2014 of the workers E, who were employed on September 4, 2014 at the above workplace, on the 27th day of each month, a regular wage payment date, as shown in the attached Table Nos. 6, 7, and 8.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. Expression of intention not to punish: March 9, 2015, which was after the institution of the instant indictment;

7.15.

8. 26. The withdrawal of each petition filed;

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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