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(영문) 의정부지방법원 2013.11.19 2013고단3696
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer operating the C Company located in Scheon-si B, and the Defendant was working for the said Company from March 15, 2002 to August 19, 2013 and did not pay KRW 100,907,980 for the total amount of wages and retirement allowances of six workers as stated in the list of crimes in the attached Table, including KRW 34,091,250, as stated in the list of crimes committed.

2. The above facts charged are crimes stipulated in Articles 109(1) and 36 of the Labor Standards Act and crimes stipulated in Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the public trial records, it is recognized that all of the above workers after the prosecution of this case declared that they would not be punished against the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act and it is so decided as per Disposition

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