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(영문) 의정부지방법원 2016.05.03 2016고정224
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Defendant, as the representative of the C convalescent Hospital, which is an incorporated association B, who employs 50 full-time workers and engages in medical business.

The Defendant did not pay KRW 6,382,208, including the total amount of KRW 1,03,150,382,200,00 from October 4, 2011 to March 11, 2015 at the same place of business, as annual unused allowance of KRW 860,00,00, annual unused allowance of KRW 1,032,78, annual unused allowance of KRW 2014, annual unused allowance of KRW 1,338,78, annual unused allowance of KRW 1,378, and other money and valuables of KRW 3,150,00,00 from the date of retirement without any agreement between the parties on the extension of the payment date.

2. The crime of violating the Labor Standards Act stated in the facts charged of the instant case constitutes Article 109(1) of the Labor Standards Act and thus, cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act.

However, according to the records of this case, it is recognized that the victim expressed his/her intent not to punish the defendant on January 25, 2016.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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