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(영문) 인천지방법원 부천지원 2014.08.29 2014고단1669
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in Bupyeong-gu, Nowon-gu, Busan and a user who runs an electronic component manufacturing business using seven regular workers.

From September 30, 201 to December 31, 2013, the Defendant did not pay KRW 22,325,370, total amount of wages and retirement allowances of workers D who worked in the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date, and did not pay KRW 74,73,580, total amount of six workers’ wages and retirement allowances within 14 days from the date of retirement, as shown in the separate crime list.

2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to the letter of withdrawal received by the court, the above workers can be recognized as having withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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