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(영문) 수원지방법원 안산지원 2019.01.23 2018고단4212
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory room is an employer who operates C, a livestock products trade company, using five full-time workers in Si-Gu, B.

1. The Defendant unpaid wages at the above workplace (i) is working from May 14, 2012 to July 31, 2017.

The total amount of wages of retired D 8,000,000 won, and ② November 1, 2016 to May 31, 2017.

The total amount of wages of retired E is KRW 10,000,000, and ③ is working from May 14, 2012 to July 31, 2017.

The total amount of wages of retired FF KRW 8,000,000, ④ is working from May 14, 2012 to July 31, 2017.

A total of KRW 34,00,000 of wages of four workers, including the total of KRW 8,000,000,000, and without any agreement on the extension of the due date between the parties concerned, the retired G did not pay 14 days after the date of retirement without good cause.

2. The Defendant, who did not pay a retirement allowance, did not pay 30,634,290 won in total for three employees including the above D, F, and the above G’s retirement allowance of KRW 10,211,430, and did not pay 14 days after the date of retirement without good cause, without any agreement between the parties on the extension of the due date.

The facts charged in the instant case, with the reason of dismissing the public prosecution, cannot be prosecuted against the victim’s explicit intent pursuant to Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits

According to the records, D, E, F, and G are acknowledged to have explicitly expressed their intent not to be punished against the Defendant on January 7, 2019, which was after the instant prosecution was instituted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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