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(영문) 수원지방법원 성남지원 2014.06.18 2014고단1035
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is the C representative director of a corporation with the fourth floor of building B, Hanam-si, who has employed four full-time workers and engaged in distribution business.

The Defendant did not pay KRW 20,301,010 in total, and KRW 13,753,700 in total, as shown in the attached Table of Crimes, as well as D’s wages worked from March 9, 2012 to March 31, 2013 at the above workplace, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes 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. Since the victim expressed his intent not to punish the Defendant after the institution of the instant indictment, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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