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(영문) 의정부지방법원 고양지원 2015.06.12 2015고단635
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a construction business using 43 full-time workers as the representative director of Kuyang-gu Co., Ltd. B located in Yangyang-gu, Yangyang-gu.

The Defendant in violation of the Labor Standards Act was working as an employee from June 12, 2004 to August 1, 2014 at the above C’s workplace, and did not pay KRW 22,516,672, total wage of four retired workers within 14 days from the date of retirement, as shown in the attached crime list, as well as KRW 8,00,000,000, retired as an employee.

B. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 16,178,30 won in total to 12 retired workers as stated in the attached list of crimes, including D retirement pay 5,661,984 won, within 14 days from the date of retirement without any agreement on extension of payment period between the parties concerned.

2. Each of the facts charged in the instant case is an offense 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 is not prosecuted against the express will of the victim who is an employee under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits

However, according to the records, it is recognized that the withdrawal of each complaint (written complaint) is received by the victims to the effect that they want not to be punished by the defendant and withdraw the complaint after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure

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