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(영문) 인천지방법원 2013.06.25 2012고정3609
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as a representative in Seo-gu Incheon, is an employer who runs a manufacturing business with ten regular workers.

The Defendant did not pay the aggregate of KRW 7,200,00 ( KRW 1,800,000 per month) wages of March 2, 2012, the sum of KRW 1,260,000, retirement allowances of KRW 4,594,420, and the aggregate of KRW 13,054,420, and KRW 13,054,420, and KRW 14,000, from August 24, 201 to March 24, 2011, KRW 390,00,000 for the period from September 39, 201 to February 24, 201, KRW 13,054,420 for retirement allowances of KRW 13,05,420 for each of the parties concerned, and KRW 90,000,000 for retirement allowances of KRW 10,390,01, 2015.

2. Each of the facts charged in this case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure

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