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(영문) 수원지방법원 2013.10.16 2013고단2037
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates a furniture manufacturer with 11 regular employees who is called “B”. On November 30, 2012, the Defendant was sentenced to a suspended sentence of one year by imprisonment with labor for a violation of the Labor Standards Act at the Suwon District Court on December 8, 2012, and the said judgment became final and conclusive on December 8, 201. On August 14, 2013, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Labor Standards Act by the same court, and

The Defendant is working from “B” located in the wife Population C around September 12, 2012, and from September 7, 1999 to August 29, 2012.

D’s wages of 1,617,00 won in January 1, 2012, D’s nationality of Myanmar, and 1,494,50 won in February 1, 201 of the same year, wages of 1,531,250 won in March 1, 2013 of the same year, wages of 4.0% in the same year, wages of 1,543,500 won in the same year, wages of 1,347,50 won in the same year, wages of 1,078,000 won in the same year, wages of 7.6,50 won in the same year, wages of 1,86,500 won in the same year, retirement allowances, 18,079,60 won in total, and money and valuables of 30,194,850 won in the same year between the parties concerned, without any agreement on extension between the date of payment.

2. The facts charged in the instant case are crimes 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, and cannot be prosecuted against the victim’s express intent. Since the victim expressed his intent not to punish the Defendant after the institution of the instant indictment, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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