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(영문) 인천지방법원 부천지원 2014.09.02 2014고단1393
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant of the facts charged in the instant case is the representative of the Nowon-gu Seoul Special Metropolitan City, Nowon-gu B, who employs 80 full-time workers and operates a service business.

The Defendant, from March 1, 207 to February 28, 2014, did not pay KRW 28,368,061, total amount of wages and retirement allowances of 28,368,061, which were worked in the said workplace from March 1, 207 to February 28, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date, as stated in the attached Form, and did not pay KRW 53,239,375, total amount of wages and retirement allowances of 2 workers within

2. Of the facts charged above, the fact that wages are unpaid is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Article 109(2) of the Labor Standards Act, and the fact that retirement allowances are unpaid is an offense falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and the fact that the retirement allowances are unpaid is not prosecuted against the victim’s explicit intent under the proviso of Article

According to the records, the above workers can be acknowledged to have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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