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(영문) 수원지방법원 안산지원 2013.04.12 2013고단399
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates a manufacturing business with 15 full-time workers employed by the representative of C stock company at the time of interest in the facts charged.

The Defendant did not pay KRW 7,175,00 and retirement allowance of KRW 21,731,326 within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment period between the parties concerned, as the sum of KRW 75,00,000, the wage of KRW 75,000 for July 1, 2006 and September 30, 2012, and KRW 3,50,000 for August 2012, and KRW 3,550,000 for September 2012.

2. The above facts charged are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act

However, since the victim withdraws his wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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