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(영문) 수원지방법원 성남지원 2016.04.29 2016고단159
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, as C representative director in Seongbuk-gu, Seongbuk-gu, Sungnam-si, is an employer who employs 20 full-time workers and operates software development business.

Defendant did not pay KRW 30,740,291 in total, including KRW 30,740,291, which was retired from the above company from May 6, 2009 to August 31, 2015, total of KRW 81,837,810 in total, as shown in the list of crimes in the attached crimes, to three workers, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment dates.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act - Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act

(b) Offense of Non-Punishment for Workers - Article 109(2) of the Labor Standards Act - the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act

(c) Declaration of intention of the victims not to punish after the institution of public prosecution: Submission of the statement of withdrawal of the petition on April 21, 2016 (Filing of a complaint), submission of the statement of withdrawal of a petition filed for criminal prosecution on April 27, 2016, and submission of the written agreement on April 28, 2016;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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