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(영문) 의정부지방법원 고양지원 2015.09.09 2015고정932
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant was the representative of the “C” in Yongsan-gu, Busan Metropolitan City, and was not paid KRW 2,366,660 of the worker D’s wages on February 2, 2015, KRW 3,959,550 of the retirement pay, and KRW 6,679,240 of the worker E’s retirement pay within 14 days from the date of the occurrence of the cause for payment.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. According to the letter of withdrawal submitted by the defendant, it is judged that the worker has withdrawn his/her previous wish to punish the defendant.

(c) Dismissal of public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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