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(영문) 수원지방법원 성남지원 2013.05.10 2013고단682
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative director of the lower-tier city B, who ordinarily employs 15 workers and operates urban gas facility business.

The Defendant did not pay the total of KRW 63,760,00 as well as the total of KRW 25,052,684 of the retirement allowances of 15 workers listed in attached Table 1, such as C, etc. who worked in the above workplace from October 5, 2008 to February 29, 2012, within 14 days from the date on which the cause for payment occurred, without agreement on extension of the payment deadline.

2. The facts charged in the instant case are crimes 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 cannot be prosecuted against the victim’s express intent. Since the victims expressed their intent not to punish the Defendant after the institution of the instant indictment, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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