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(영문) 의정부지방법원 2014.07.10 2014고정106
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of (ju)D in Macheon-si, is an employer who runs a manufacturing business with five regular workers.

The Defendant did not pay two retired workers’ wages and shutdown allowances, including KRW 479,90 for March 2013, and KRW 1,039,90 for April 2013, and KRW 2,042,550 for March 2013, as well as KRW 476,660 for August 6, 2012 to April 12, 2013, and KRW 718,660 for retirement workers’ wages, including KRW 1,039,90 for April 2013, and KRW 2,042,550 for business closure allowances, and KRW 522,660 for retirement workers’ retirement allowances from August 6, 2012 to April 8, 2013 and KRW 476,660 for retirement workers’ wages, including KRW 718,660 for March 20,195,320 for retirement workers’ retirement workers’ retirement allowances, without agreement between the parties.

2. The reason for dismissing the public prosecution is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act. According to the written agreement bound in the trial records, the victims can be recognized as having withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the public prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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