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(영문) 의정부지방법원 고양지원 2017.02.09 2016고단2060
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. An employer who runs a construction business employing 15 workers summary of criminal facts;

The Defendant, at the immediately preceding workplace around April 2, 2016, did not pay 59,15,044 won, in total, of seven workers’ wages and retirement allowances, as stated in the detailed statement of money in arrears in the attached Form, including 4,748,280 won on February 1, 2016, to retired workers B, from around October 1, 2014, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

2. Determination:

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Indication of Non-existence of Punishment: A written agreement containing the intention of the victims to punish the victims is submitted to this court.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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