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(영문) 대전지방법원 천안지원 2016.05.13 2014고단1842
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who ordinarily employs 30 full-time workers as the actual operator of (ju) E located in Seo-gu, Seo-gu, Seocheon-si and engages in the manufacturing of automobile parts. The Defendant did not pay 229,817,01, total amount of wages for 31 workers and total amount of retirement allowances of 95,182,860,000 won as well as retirement allowances within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the list of crimes, including 1,583,34 won and retirement allowances of 31 workers who retired from office around September 30, 2014.

2. Determination

(a) A case for which a public prosecution may not be instituted against the victim's explicit intent (Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Workers' Retirement Benefits Guarantee Act);

B. Withdrawal of expression of intent to punish all victims after the prosecution of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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