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(영문) 수원지방법원 안산지원 2015.02.11 2014고단2603
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, as the representative of C Co., Ltd. in the facts charged, is a user who runs a free manufacturing business using ten full-time workers.

1. The Defendant violated the Labor Standards Act: (a) from June 24, 201 to September 23, 2013, the Defendant employed workers D and had them work in the said workplace; and (b) did not pay wages of KRW 21,769,107 within 14 days from the date of retirement without an agreement on the extension of the payment due date between the parties concerned; and (c) did not pay KRW 52,416,936, total wages for three workers within 14 days from the date of retirement, as described in the list of crimes (1).

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 57,512,210 won in total for three workers within 14 days from the date of retirement, as shown in the crime list (2) including the fact that he/she had hired workers D and had them work in the above workplace from June 24, 201 to September 23, 201, and that he/she did not pay 4,388,740 won in retirement allowances, and did not pay 57,512,210 won in total for three workers within 14 days from the date of retirement without agreement on extension of the due date between the respective parties.

The facts charged against the board of directors are crimes 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, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be acknowledged that the victims expressed their intent not to punish the Defendant in each court of this case after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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