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(영문) 인천지방법원 2014.06.27 2014고정1725
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the C representative director of the Seo-gu Incheon, is a user who runs the manufacturing business of sanitary disinfection equipment using 29 full-time workers.

From January 21, 2010 to April 12, 2013, the Defendant did not pay KRW 3,772,020,00,00 for unused annual allowances of three workers as stated in the attached Table, as well as KRW 14,681,875,00,00 for unused annual allowances, bonuses, and total amount of KRW 14,681,875, as stated in the attached Table, within 14 days from the date of the occurrence of the relevant payment cause.

2. We examine the judgment, which is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the victims can be aware of the fact that they expressed their intent not to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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