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(영문) 의정부지방법원 고양지원 2015.03.26 2014고단2886
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who ordinarily employs six full-time workers in the name of "C" in the Yongsan-gu Seoul Metropolitan City B in Goyang-si.

The Defendant, while working in the said workplace from December 1, 2010 to July 31, 2013, did not pay KRW 12,225,100,00 in total, including KRW 4,019,490, and retirement allowances of KRW 8,205,610, as well as KRW 51,495,78, in total, for five employees, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, as shown in the attached list of crimes, as shown in the attached list of crimes.

2. The offense of violating the Labor Standards Act, which states the facts charged in the instant case of dismissal of public prosecution, is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and under Article 109(2) of the Labor Standards Act, the offense of violating the Act on the Guarantee of Workers' Retirement Benefits is an offense falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and is not prosecuted against each victim’

However, according to each of the applications written by D, E, F, G, and H, each of which was compiled in the records, the victim, expressed his/her intention not to want punishment against the defendant on February 17, 2015, which was after the prosecution of this case, based on the preparation of each of the respective applications for penalty, D, E, F, G, and H, and each of the above applications for penalty was submitted to this court on February 24, 2015.

Therefore, this case constitutes a case in which the victim withdraws his/her wish to punish against the explicit intent of the victim, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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