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(영문) 인천지방법원 부천지원 2014.01.22 2013고단3353
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant is the representative of the Orcheon-gu, Orcheon-gu, and is an employer who employs five full-time workers and operates the Do and retail business. From September 21, 2009 to September 1, 2013, the Defendant did not pay KRW 2.5 million for retired workers D’s wages and KRW 9,65,300 for retirement allowances and KRW 58,473,260 for total wages of five workers and KRW 32,289,710 for retirement allowances and KRW 32,289,710 for retirement allowances as shown in the attached list of crimes.

2. This case is an offense 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, which cannot be prosecuted against the employee’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. According to the records, the fact that the employee expressed his/her intention not to prosecute the accused after the public prosecution of this case was instituted can be acknowledged. Thus, this part of the public prosecution is dismissed pursuant to Article

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