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(영문) 인천지방법원 2014.12.12 2014고정4101
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of the Gyeyang-gu Incheon Gyeyang-gu Co., Ltd., which is one of the users operating fire-fighting system construction businesses with five full-time workers.

The Defendant did not pay D’s wages of 1,683,360 won in May 24, 2012, to October 23, 2013, and wages of 2,467,00 won in June 2013, and wages of 2,467,467,000 in July 2, 2013, and wages of 2,467,000 in August 2013, and wages of 2,467,467,00 won in September 2013, and wages of 2,467,000 won in September 23, 2013, and wages of 1,23,50 won in year-end year-end settlement, 587,07,070 won in total,371,930 won in October 23, 2013 within 14 days from the date of retirement without agreement on extension.

B. The Defendant did not pay KRW 2,467,00,00 of the employee D’s retirement pay for the same period at the above workplace within 14 days from the date of retirement without any agreement on extension of the due date.

2. Each of the facts charged in the instant case is an offense 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, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the withdrawal of the petition, on December 3, 2014, stating the intent not to punish the Defendant after the institution of the instant indictment, can be recognized as having been submitted to this court, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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