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(영문) 수원지방법원 안산지원 2013.04.09 2013고단43
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the Company B, is an employer who runs the manufacturing business, employing 30 full-time workers.

The Defendant, at the same place of business, worked from April 27, 201 to August 31, 2012 at C’s place of business, paid the total of KRW 8,670,372 to three workers, including KRW 3,719,20,00,00 in total, and KRW 1,910,912 in December of the same year, and KRW 889,741 in May of 2012, and KRW 8,719,372 in August of the same year without an extension agreement on the date of payment, as shown in the attached list of crimes.

B. The Defendant, at the foregoing workplace, did not pay KRW 2,301,082 as well as KRW 7,673,110 in total for three employees, such as the retirement allowance of KRW 2,301,082, who worked from April 27, 201 to August 31, 2012, within 14 days after retirement without any extension agreement on the due date.

2. Determination of the above facts charged

Articles 109(1) and 36(2) of the Labor Standards Act.

According to Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which is a crime that falls under Article 109(3) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim's explicit intent. According to the letter of withdrawal of complaint received on December 18, 2012, the C Preparation written on March 4, 2013, and the letter of agreement received on March 15, 2013, the victims may recognize the fact that they have withdrawn their wish to punish the defendant after the institution of the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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