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(영문) 인천지방법원 2015.03.13 2014고단8567
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Seo-gu Incheon Metropolitan City, is an employer who runs a manufacturing business with 20 full-time workers.

The Defendant had worked from December 6, 2010 to June 25, 2014 at the above workplace, and had retired from the workplace, and had not paid KRW 1,650,00 in February 2014 as well as KRW 5,791,540 in the attached list of crimes, including KRW 85,762,427 in total for 18 workers and KRW 196,861,730 in total for retirement allowances, as described in the attached list of crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

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 Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the written withdrawal of the written withdrawal of each of the workers’ written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of the crime, since it is apparent that the workers after the instant indictment was instituted have withdrawn their wish to punish the Defendant on March 13, 2015, the instant indictment was dismissed pursuant to Article

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