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(영문) 수원지방법원 2014.09.23 2014고단798
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is a person who actually operates C in the wife population B, and ordinarily employs eight workers, and engages in a stone manufacturing business, etc.

From December 5, 2005 to February 28, 2013, the Defendant did not pay the sum of KRW 12,791,040,040 for December 2012, 2012, wages of KRW 2,791,040 for January 2013, wages of KRW 2,791,040 for February 2013, and retirement allowances of KRW 11,002,250 for employees and six retirement allowances of KRW 52,340,880 for employees and KRW 70,462,363 for employees, within 14 days from the date of retirement without agreement between the parties on extension of the payment deadline.

2. Of the facts charged in the instant case, each of the facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. The violation of the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s explicit intent under the proviso to Article 44 of the same Act. According to the statement in the letter of withdrawal of each complaint (petition) filed in the record, it can be acknowledged that the victims expressed their intent not to be punished after the prosecution of the instant case was instituted. Accordingly, all of the instant prosecutions are dismissed in accordance with Article 327 subparag.

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