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(영문) 인천지방법원 2015.03.25 2015고단340
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is the actual manager of C in lots outside Seo-gu Incheon, Seo-gu and four, who runs the manufacturing business of water charging districts with three regular workers. A.

The Defendant had worked from April 18, 2014 to June 30, 2014 at the same place of business, and had not paid KRW 880,000 on June 6, 2014, which was retired, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

B. The Defendant, at the foregoing place of business, worked from February 14, 201 to November 13, 2012, and was retired from D’s retirement pay of KRW 1,515,190, and retirement pay of KRW 3,512,50,00, including KRW 1,997,310, which was retired from D’s retirement pay, from January 27, 201 to February 17, 2014, did not pay KRW 3,512,50,00 within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. Each of the facts charged in the instant case is a crime 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, which 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. According to the statement on the withdrawal of the authentic statement filed in the trial record, the victim can be recognized as having withdrawn his/her wish to punish the Defendant on December 14, 2014, which is the date the instant case was prosecuted. Thus, the Defendant’s prosecution is dismissed in entirety under Article 327 subparag. 6

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