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(영문) 수원지방법원 2015.07.16 2015고단464
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the co-management person of D, a stock company located in C when the defendant is in harmony.

The Defendant did not pay wages of KRW 1,670,541 on February 6, 2014, and KRW 2,683,362 on March 3, 2014, KRW 3,166,796 on May 5, 2014, including KRW 1,77,310,374, and KRW 62,546,040 on total wages of KRW 77,310,374, and KRW 62,546,040 on June 6, 2014 and KRW 1,175,962 on June 6, 2014 and retirement allowances of KRW 10,479,717 on June 17, 2014 as indicated in the attached list of crimes.

2. Each of the facts charged in the instant 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 written withdrawal bound in the public trial records, E, F, G, H, I, J, and K may be recognized as the fact that they voluntarily withdrawn the Defendant’s wish to punish the Defendant on July 7, 2015, after the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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