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(영문) 인천지방법원 부천지원 2014.03.14 2013고단3316
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of Section C(s) in the Bupyeong-si Office B building 201 and runs a construction business with ten regular workers employed.

The Defendant, at the foregoing workplace around July 15, 2013, worked from around May 14, 2012, paid KRW 4,200,00 on May 5, 2013 to retired workers D, as well as KRW 11,757,214 on June 4, 2013, including KRW 3,200,00 and retirement pay of KRW 3,357,214, as shown in the attached crime list, did not pay KRW 50,347,034, in total, for seven workers’ wages and retirement pay, as shown in the attached crime list, within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to each letter of withdrawal received by the court, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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