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(영문) 수원지방법원 2015.04.23 2015고단649
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the representative director of the Company B, is an employer who runs the ELD manufacturing business using four regular workers.

The Defendant, without an agreement on the extension of the due date between the parties, provided labor to the Co., Ltd. (B) in the wife population C from November 5, 2012 to July 31, 2014, and was retired from Korea on January 1, 2013, and did not pay total wages of KRW 27,789,343 and retirement allowances of KRW 5,731,386 within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

2. The above facts charged constitute 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 victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since D on April 23, 2015, which was after the prosecution of this case, expressed its intention not to punish this court, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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