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(영문) 수원지방법원 평택지원 2014.03.06 2014고정2
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant of the instant facts charged did not pay the total of KRW 1,538,460, and the total of KRW 12,292,956, including the wages of KRW 10,754,496 of retired workers E on June 30, 2013 from the above company in Ansan-si Co., Ltd, as the representative director of the Co., Ltd., and KRW 3,589,740, and KRW 8,846,153 of the said E retirement pay KRW 14 days from the date of retirement without any agreement between the parties.

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, which cannot be prosecuted against the victim's explicit 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 According to each agreement, the above workers have withdrawn their wish to punish the defendant after the institution of the instant case. Thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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