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(영문) 수원지방법원 안산지원 2013.04.25 2013고단701
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as a practical manager of the Company B, is an employer who runs an industrial ice manufacturing business employing eight full-time workers.

1. The Defendant did not pay the wages of KRW 13,763,80 and retirement allowances of KRW 7,205,325 within 14 days from the date of his/her retirement, as well as KRW 2,752,760, July 7, 2012, which he/she worked in the said workplace from April 10, 201 to November 30, 2012, as well as KRW 13,763,80, and retirement allowances of KRW 7,205,325, respectively, as stated in the details

2. From April 10, 2010 to May 10, 2012, the Defendant did not pay five workers’ wages on the 10th day of each month, which is the regular payment date of wages, as well as the 1,060,770 won on May 5, 2012.

2. The facts charged in the instant case are crimes falling under Articles 109(1), 36, and 43(2) of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the letter of withdrawal of the petition prepared by the victims, the victims can be acknowledged as having withdrawn their wish to punish the Defendant on March 12, 2013, which is after the institution of the instant indictment. Accordingly, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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