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(영문) 인천지방법원 부천지원 2013.11.08 2013고단2878
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, as the representative of the (g) Association of the Young-si Association located in 802 in Seocheon-si B Building 802, the Defendant is an employer who runs educational service business by employing five full-time workers. From June 18, 2012 to April 30, 2013 at the said workplace, the Defendant did not pay KRW 3,032,950 in total of the wages, etc. of retired D and other money and valuables totaling KRW 3,389,450 in arrears and KRW 18,346,630 in total, and six employees’ retirement allowances totaling KRW 18,346,630 in arrears as stated in the attached Form, within 14 days from the date on which the cause for the instant payment occurred without any agreement on the extension

2. This is a crime 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, which cannot be prosecuted against the employee’s will expressed in accordance with Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the fact that the employee withdraws his/her expression of intent to punish the Defendant on October 8, 2013 and October 10 of the same month after the prosecution of this case was instituted by all the employees. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag

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