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(영문) 수원지방법원 2015.02.04 2014고단6781
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative in C in the instant facts charged, is a person engaging in a manufacturing business with ten full-time workers at the time of harmony.

The Defendant did not pay KRW 75,963,850, including retirement allowances of KRW 10,87,090 and retirement allowances of KRW 65,07,76,760, and KRW 75,963,850, as well as KRW 14 days from the date of retirement without any agreement on the extension of the payment term between the parties concerned.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, the main text of Article 44(1) and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and 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

However, according to the records of this case, it can be recognized that the victim expressed his/her intent not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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