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(영문) 인천지방법원 2014.09.25 2014고정2435
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a representative of the Ccafeteria in Incheon, is an employer who operates daily food business using three full-time workers.

The Defendant did not pay the total amount of D wages of KRW 8,390,000 ( KRW 1,050,000 on October 1, 2013, KRW 1,700,000 on November 1, 2013, KRW 700,00 on December 1, 2013, KRW 700,00 on December 1, 2013, KRW 1,700,00 on January 1, 2014, KRW 240,00 on February 2, 2014, KRW 2,612,571 on total delayed payment, including retirement allowances, KRW 11,02,571 on February 21, 2014, within 14 days from the date on which the cause for payment occurred, without agreement among the parties concerned.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on September 22, 2014, which was after the closing of the argument in this case, so the prosecution in this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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