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(영문) 의정부지방법원 2014.04.22 2014고단218
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the Defendant, as the representative director of Sincheon-si B (ju), is an employer who is engaged in textile manufacturing and salting business using 30 full-time workers. From December 29, 2012 to July 6, 2013, the Defendant did not pay two employees retirement allowances of 3,303,170 won in total, including 5,889,600 won in the aforementioned company and retired from office, as stated in the list of crimes in the attached Table, and 27,970,52 won in total, as stated in the list of crimes in the attached Table, and from September 3, 2012 to September 30, 2013, as well as 1,737,953 won in the E retirement allowances of 2 workers and 3,303,170 won in total, as stated in the list of crimes in the attached list.

2. The judgment is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits cannot be prosecuted against the victim's express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records of this case, it is recognized that all workers listed in the annexed crime list have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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