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(영문) 수원지방법원 안산지원 2013.08.13 2013고정574
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the D representative in Si interest, is a user who employs six full-time workers and operates a distribution business.

The Defendant did not pay the E’s wages of KRW 2,967,00 and retirement allowances of KRW 3,533,343, which he/she worked in the said workplace from October 1, 2009 to July 15, 201, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(3) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written withdrawal of the petition filed in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on June 11, 2013, which is subsequent to the institution of the instant prosecution. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag.

It is so decided as per Disposition for the above reasons.

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