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(영문) 인천지방법원 2013.08.20 2013고단3410
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who employs 25 full-time workers in Nam-gu Incheon Metropolitan City C and operates D Co., Ltd.

The Defendant did not pay the E’s wages of KRW 15,678,880 and retirement allowances of KRW 30,957,50, and retirement allowances of KRW 14 days from the date of occurrence of the cause for payment without agreement on the extension of the payment due date from December 1, 2002 to January 31, 2013, and did not pay wages of KRW 38,072,237 and retirement allowances of KRW 69,953,03,030 for three workers as indicated in the following crime list, within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the payment due date between the respective parties.

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 records, it is recognized that all of the above workers after the prosecution of this case declared that they are not punished against the defendant. Thus, all of the indictments of this case are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided

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