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(영문) 인천지방법원 부천지원 2014.07.04 2014고단979
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of C(State) in Kimpo-si, who is an employer who runs a manufacturing business by employing five regular workers.

The Defendant had worked in the workplace from June 1, 2006 to March 15, 2014, and had not paid KRW 33,349,680, total amount of wages and retirement allowances of retired workers D within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned, and had not paid KRW 42,16,90, total amount of wages and retirement allowances of two workers within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned.

2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to the contents of each agreement received by this court on June 18, 2014, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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