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(영문) 수원지방법원 2013.10.23 2013고단1
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs B with six regular workers.

The Defendant is working at the business place of a stock company B located in Ssung City around July 14, 201 and from November 23, 201 to June 30, 2012.

D's total amount of money and valuables of KRW 59,929,100, including the money and valuables of KRW 3,195,370 on December 12, 2011, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as shown in the attached list of crimes, and the total amount of money and valuables of KRW 137,976,960 for eight retired workers was not paid within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. We examine the judgment. The case is a crime 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, which cannot be prosecuted against the victim’s express 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 each of the written withdrawals which are bound in the trial records of this case, the fact that workers E, D, F, G, H, I, J, K, and K withdrawn their wish to punish the Defendant on September 27, 2013, which is after the prosecution of this case.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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