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(영문) 의정부지방법원 고양지원 2017.02.09 2016고단3734
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the representative of C in the case of Pakistan, who employs 10 full-time workers and operates a book business.

From November 1, 2012 to October 10, 2016, the Defendant had not paid KRW 5,495,560 to retired workers D’ wages and retirement allowances and KRW 9,249,677 to retired workers within 14 days from the date of retirement as shown in the list of the crimes in the attached Table, and did not pay KRW 57,965,455 in total for eight workers’ wages and retirement allowances within 14 days from the date of retirement.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and are not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

However, after the prosecution of this case was instituted, the workers of this case withdrawn their wish to punish the defendant.

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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