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(영문) 수원지방법원 2016.10.28 2016고정1671 (1)
근로기준법위반등
Text

The prosecution of this case against the defendant is dismissed.

Reasons

The defendant is the representative of C Co., Ltd. in the Gu and America, who runs a construction business with 15 full-time workers.

The Defendant did not pay the total of KRW 17,175,858, including the wages of KRW 4.5 million on December 2, 2015, KRW 4.5 million on February 201, 2016, KRW 4.5 million on February 4, 2016, KRW 4.5 million on February 201, and KRW 3,675,858 on March 3, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

B. The Defendant did not pay KRW 6,852,625 of the Workers E’ Retirement Allowance within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. The facts charged in this case are those 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 cannot be prosecuted against the victim’s express 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, according to the statement of the written application for non-prosecution of punishment bound in the trial records of this case, it is recognized that employee E, the victim, withdraws his/her wish to punish the defendant on October 5, 2016, which was after the prosecution of this case. Thus, the prosecution of this case against the defendant is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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