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(영문) 수원지방법원 2016.11.04 2016고단3385
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant as the representative director of C, who employs 20 full-time workers in C, engaging in the business of manufacturing automobile parts and semiconductor equipment.

The Defendant did not pay to the victim D the total amount of wages of 27 victims, including 4,00,000,000,000 won for October 2, 2015, and 10,280,845 won for the total amount of wages of 10,280,845,000 won for the portion of 4,00,000,000 won for the portion of November 2015, and retirement allowances of 8,237,243 won for the extension of the due date without agreement with the victim D within 14 days from the date of retirement, as stated in the details of the money and valuables in the attached Form, and did not pay to the victims within 114 days from the date of retirement without agreement with the victims D as to the total amount of wages of 27 victims, including the total amount of wages of 114,670,130,15,275,751 and 14 days from the date of retirement.

2. One copy of the board is a crime 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, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each of the written withdrawals of each petition (appeal) bound in the trial records, it is apparent that the victims have withdrawn their wish to punish the defendant around September 28, 2016, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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