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(영문) 인천지방법원 부천지원 2019.09.26 2018고정741
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in the instant case is an employer who runs a manufacturing business by ordinarily employing nine workers under the trade name, namely, “Co. C” in Bupyeong-si.

The Defendant is working in the foregoing workplace from June 14, 201 to December 31, 2016.

A retired worker D’s wage of KRW 841,977 on June 2016, and KRW 3,679,616 on July 7, 2016, wage of KRW 3,679,616, wage of KRW 3,679,616 on August 8, 2016, wage of KRW 3,679,616, wage of September 3, 2016, wage of KRW 3,679,616, wage of KRW 3,679,616, wage of KRW 3,679,616 on November 2016, and wage of KRW 22,9,673 on December 3, 2016 and retirement allowance of KRW 21,923,847 on the date of occurrence of the payment without any agreement between the parties to the payment.

2. Each of the facts charged in this case’s dismissal judgment is an offense 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, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim D and the defendant can be prosecuted against the victim’s express intent under the proviso to Article 109(2) of the Labor Standards Act. The fact that the victim paid KRW 10,00,000 to the victim from April 30 to July 31, 2019 as of the end of each month from April 31, 2019, and 4,843,520 won until August 31, 2019 is expressed by the victim’s intention not to punish the Defendant, and the fact that the Defendant paid all of the above decision to the victim is recognized.

Therefore, since the victim explicitly expressed his intention not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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