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(영문) 수원지방법원 안양지원 2013.04.23 2013고단152
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as an actual operator of the Military Art. B Center, is an employer who operates the Sports Center with eight regular workers employed.

The Defendant worked in the said workplace from February 1, 2012 to March 9, 2012, and paid 880,000 won in March 10, 201 to March 10, 2011, and 800,000 won in March 1, 201 to March 10, 2012, and paid 3,71,46 won in March 1, 2012 to three workers, including 30,000,000 won in wages and retirement allowances, who were retired from the said workplace, and were employed in the said workplace from January 16, 2012 to March 10, 2012, without agreement between the parties on the extension of the payment date.

2. The judgment is based on the case that falls 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 of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, each of the above workers can be recognized as having withdrawn his/her wish to punish the defendant after the institution of the instant prosecution. Thus, each of the instant prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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