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(영문) 수원지방법원 안산지원 2013.05.10 2013고단583
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of “C” in the facts charged, is an employer who operates a manufacturing business by employing six full-time workers.

The Defendant did not pay KRW 12,030,853 and retirement allowances of KRW 6,482,482, and KRW 14 days from the date of the occurrence of the cause for payment without an agreement on the extension of the payment date between the parties, as well as KRW 3,356,260, monthly wage of June 2012, monthly wage of KRW 2,459,953, and monthly wage of KRW 3,089,320, monthly wage of August 2012, and KRW 3,089,320, monthly wage of KRW 12,030,853 and retirement allowances of KRW 6,482,482, and KRW 482, which were worked at the said workplace from September 1, 2010 to September 30, 2012.

In addition, the Defendant did not pay the total amount of KRW 40,803,510 and the total amount of KRW 9,054,809 as well as KRW 14 days from the date of occurrence of the cause for payment without agreement between the parties on extension of the due date, as stated in the attached list of crimes.

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 victims withdraw their 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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