logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.04.12 2012고단6315
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 30 full-time workers in the manufacturing industry B from November 201 to September 201, and the Defendant did not pay 102,559,930 won total of wages of 21 workers in the above workplace within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date, as shown in the attached Form “The details of delayed payments” between November 201 and September 2012. The Defendant did not pay 31,128,580 won total of retirement allowances of 11 workers in the above workplace within 14 days from the date of occurrence of the cause for payment without agreement on the extension of the due date.

2. Of the facts charged in the instant case, the charge of violating the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. The charge of violating the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under 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 the proviso to Article 44 of the same Act. According to the statement on withdrawal of each authentic statement (Complaint) bound in the records, it can be acknowledged that the victims expressed their intent not to have the victim punished on March 22, 2013, after the prosecution of the instant case was instituted. Accordingly, the instant prosecution is dismissed pursuant to Article 327 subparag.

arrow