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(영문) 의정부지방법원 고양지원 2015.08.11 2015고단1119
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 C Co., Ltd. located in Ilyang-dong-gu Seoul Metropolitan City B, Goyang-gu, the Defendant is an employer who runs stage medication with 15 regular workers

The Defendant in violation of the Labor Standards Act did not pay 32,305,000 won in total of the wages of 12 retired workers within 14 days from the date of retirement, as stated in the No. 1 through No. 12 of the attached Table of Crimes, including D’s wage 2,080,000, retired as an employee, at the above business establishment from January 1, 2012 to March 26, 2014.

B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay 40,290,170 won in total for three retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates, as stated in the separate sheet Nos. 13 through 14, including E retirement allowance of KRW 7,093,640, which was retired from office as an employee from the business place of the above company from July 1, 201 to May 31, 2014.

2. The offense of violating each of the Labor Standards Act stated in the facts charged in the instant case where dismissal of public prosecution is dismissed is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and under Article 109(2) of the Labor Standards Act, each of which constitutes an offense falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the offense of violating the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each written withdrawal of each petition prepared by the F and 14 workers, the victim expressed his/her intention not to be punished against the Defendant, and the withdrawal of each of the above complaints submitted to the court on August 4, 2015.

Thus, this case can be prosecuted against the victim's explicit intent.

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