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(영문) 인천지방법원 2015.09.21 2015고단4418
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the employer who operates the "D" with 80 full-time workers employed in Nam-gu Incheon Metropolitan City, and the defendant did not pay 819,212,635 won in total, including 37 workers' wages and retirement allowances, as shown in the list of crimes in the attached Form, including 38,516,49 won in total, including E's wages and retirement allowances, which worked from December 12, 200 to March 31, 2015, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

However, the above facts charged are cases that fall under Article 109(1) of the Labor Standards Act, Article 109(2) of the Labor Standards Act, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act

According to the records, it is recognized that the victims, after the institution of the instant prosecution, have withdrawn their wish to punish the Defendant on September 15, 2015 and September 21, 2015.

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

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