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(영문) 수원지방법원 2018.05.17 2018고단307
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an actual operator of C Co., Ltd. located in B, who runs a manufacturing business using seven full-time workers.

In the event that an employee retires, the employer paid all money and valuables, such as wages, and retirement allowances, within 14 days from the date of his/her withdrawal, unless agreed by the parties, but the employer did not pay 163,695,590 won in total for five employees, as stated in the list of crimes in the attached Table, as well as 3,40,000 won in January 1, 2014 to June 19, 2017 to the employees D who worked in the said stock company C, as well as 163,695,590 won in total, as stated in the list of crimes in the attached Table.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and the labor standards Act, Article 109(2) of the Workers’ Retirement Benefit Security Act, and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act are not prosecuted against the victim’s clearly expressed intent.

According to the records, workers D, E, F, G, and H submitted a petition (a written complaint) withdrawal and counter-written confirmation containing their intent not to be punished against the Defendant after the prosecution of this case (E did not directly contact with this court, such as sentencing investigators, but is accompanied by a copy of the identification card and compared with the pencs written on the power of attorney submitted to the investigation agency, the similar pencs and letters are written in the above written confirmation, and since other workers were the long-term workers of the company operated by the Defendant, they confirmed that all other workers do not want punishment according to their own will, they also prepared a written statement that they do not want punishment.

Considering that it is reasonable to see E’s direct written confirmation, Article 327 subparag. 6 of the Criminal Procedure Act.

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