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(영문) 수원지방법원 안산지원 2015.09.17 2015고단2362
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the (ju)C in Ansan-si, is an employer who runs a manufacturing business with 30 regular workers. A.

The Defendant in violation of the Labor Standards Act, from July 11, 201 to September 1, 2014, did not pay the total amount of KRW 8,206,760 to 24 workers, as indicated in the detailed statement of personal overdue money and valuables in arrears, as well as the total amount of KRW 89,571,240 to 24 workers, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits from July 11, 201 to September 1, 2014, did not pay KRW 253,750,50,000 as well as KRW 10,512,510,00,000,000,000,000,000 for employees who provided labor to the said workplace from July 1, 201 to September 1, 201, as indicated in the detailed statement of the money and valuables in arrears in the attached Form,

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On September 17, 2015, after the institution of the instant indictment, a statement of withdrawal (Complaint) containing an employee’s intent that he/she would not want the punishment of each of the Defendant is submitted.

Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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