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(영문) 수원지방법원 2016.06.24 2016고정194
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was engaged in the manufacturing industry by employing 11 full-time workers in Ansan-si No. 2501.

① The Defendant, who was employed from August 8, 2014 to June 20, 2015, did not pay KRW 2,600,000 of the pro rata’s wages on June 8, 2015, and ② from May 27, 2014 to June 20, 2015 of the retired employee D’s wages of KRW 2,30,000 and retirement allowances of KRW 2,802,580, and ③ from September 1, 2013 to August 25, 2015 of the retired employee E’s wages of KRW 300,000 and retirement allowances of KRW 4,80,830, and 1630 of each party’s retirement allowances from June 27, 2015 to June 20, 2015 without an agreement between the parties to the retirement.

2. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits. However, according to the records, it can be recognized that the injured party expressed his/her wish not to punish the Defendant on June 16, 2016, after the public prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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