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(영문) 의정부지방법원 고양지원 2017.07.13 2017고단437
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the actual operator of C Co., Ltd. located in B at the time of strike, who employs five full-time workers and operates book business.

A. The Defendant in violation of the Labor Standards Act did not pay KRW 28,905,221 of the total wages of five retired workers within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline, as stated in the list of crimes attached hereto, while serving as an employee from May 1, 2014 to May 1, 2015 in the foregoing company.

B. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers did not pay 3,791,830 won in total, including 2,229,879 won in the retirement allowance D of the retired workers under the preceding paragraph, within 14 days from the date of retirement without agreement on the extension of payment period between the parties, as stated in the list of crimes in the attached Table.

2. Each of the facts charged of 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, after the instant prosecution was instituted, workers D, E, F, G, and H withdraw their wish to punish each Defendant on July 12, 2017.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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