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(영문) 인천지방법원 2014.11.21 2014고정2919
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs seven full-time workers in Seo-gu Incheon, Incheon and operates “C”.

The Defendant did not pay D’s wages of KRW 1,100,00 and retirement allowances of KRW 6,781,609, and retirement allowances of KRW 888,80,800, total amount of KRW 8,7700, and KRW 8,700, and KRW 8,700, and KRW 409, which were worked from August 24, 2010 to January 12, 2013 at the same place of business, within 14 days from the date on which each party’s cause for payment arises, without agreement on extension of the due date.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the withdrawal of complaint, on November 20, 2014, stating the intent not to punish the Defendant after the institution of the instant indictment, and the withdrawal may be recognized as having been submitted to each of the instant courts, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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