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(영문) 인천지방법원 2017.10.20 2017고단5154
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the actual representative of the Co., Ltd. in Seo-gu Incheon, which is a user who engages in a wood manufacturing business by employing nine full-time workers.

The Defendant did not pay the amount equivalent to KRW 23,130,60,00 in total, including KRW 3,200,000 of the amount of divided wages on February 1, 2017, and KRW 3,200,000 for the amount of wages on April 1, 2017, and KRW 3,200,000 for the amount of wages on May 1, 201, and KRW 1,961,290 for retirement allowances and KRW 11,569,317 for the amount of wages on May 1, 2017, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

In addition, the Defendant did not pay an amount equivalent to KRW 123,708,810 to the total nine workers within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline, as stated in the list of annexed crimes.

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 may not be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the victims expressed their wish not to punish the Defendant on September 21, 2017, which was after the prosecution of the instant case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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