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(영문) 의정부지방법원 고양지원 2017.03.30 2017고단109
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the representative of the Section B (State) located in Pakistan who is engaged in the manufacturing industry with 10 full-time workers.

An employer shall pay all money and other valuables, such as wages, within 14 days after the cause for retirement, etc. of a worker occurs.

Nevertheless, the Defendant, from July 7, 2014 to May 31, 2016, did not pay KRW 17,972,270 of the wages and retirement allowances of KRW 4,909,540 of the retired workers D and paid KRW 167,402,763 of the wages and retirement allowances of 12 workers on the payment date as shown in the list of crimes in the attached Form, including that the Defendant did not pay KRW 17,972,270 of the retired workers D wages and retirement allowances within 14 days from the retirement date.

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However, after the prosecution of this case was instituted, the workers of this case withdrawn their wish to punish the defendant.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