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(영문) 인천지방법원 2014.01.28 2013고정4200
근로기준법위반등
Text

All of the public prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of the enterprise called “C” in the Southern-gu Incheon Metropolitan City, and is the employer who runs the manufacturing business by ordinarily employing seven workers. From March 26, 2006 to February 28, 2012 at the above workplace.

The retirement pay amount of KRW 8,789,380, and KRW 1,329,040, which was worked from July 11, 201 to July 4, 2013 of E’s retirement pay of KRW 1,329,040, the wage of KRW 1,950,259, and KRW 1,787,610, May 1, 2013, the wage of KRW 1,787,610, June 1, 2013, the retirement pay of KRW 1,098,220, and KRW 190,970 and retirement pay of KRW 1,829,671, and KRW 8,185,70, and KRW 70 from September 27, 2011 to the present day, did not pay the total amount of KRW 1,950,000, KRW 1681,619,681.

2. Determination: 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 is 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 Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, it can be recognized that the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, each of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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