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(영문) 전주지방법원 군산지원 2016.06.24 2015고정578
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who has operated D(ju) employing two full-time workers in North Korea-U.S., North Korea-U.D.

A. The Defendant violated the Labor Standards Act, while working in the foregoing workplace, did not pay KRW 696,770,00,000, which was part of the wage of E retired on January 21, 2015, within 14 days without agreement between the parties on the extension of the payment deadline.

B. The Defendant violated the Workers’ Retirement Benefit Security Act, while serving in the said workplace on January 21, 2015, did not pay KRW 2,706,430 of the retirement allowances of E retired on January 21, 2015 within 14 days from the date of each retirement, without any agreement between the parties on the extension

2. The facts charged in the instant case are 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, which cannot be punished against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the contents of the written complaint withdrawal and written agreement, the victim expressed his/her intention not to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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