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(영문) 인천지방법원 2014.07.03 2014고단2605
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 13 full-time workers in Seo-gu Incheon Metropolitan City and operates “D”.

The Defendant, as indicated in the list of crimes in the attached Table, did not pay the total of KRW 49,327,401 and retirement allowances of KRW 70,517,540 for 13 workers, as well as KRW 1,393,868 and retirement allowances of KRW 4,839,150, who worked at the said workplace from June 28, 2009 to August 31, 2013, within 14 days from the date of occurrence of the cause for payment, without agreement on extension of the due date between the parties concerned.

2. In light of the records, each of the above workers after the prosecution of this case is acknowledged to have declared his/her intention not to be punished against the defendant, and thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against each victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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