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(영문) 수원지방법원 2015.05.14 2015고단645
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the actual manager of the company B, who runs a manufacturing business with ten regular workers.

The Defendant is working for Co., Ltd. (B) in the wife population C around August 15, 2013 and from February 1, 2003 to August 1, 2013.

D's total amount of wages and retirement allowances of 32,642,720 won, including wages of 424,890 won on April 2013, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 74,445,270 to five retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the attached list of crimes.

2. Each of the facts charged in the instant case is a crime 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 express 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 the written withdrawal of each written complaint filed on the records of public trial, D may recognize the fact that it withdrawn the wish to punish each of the Defendant on April 20, 2015, which is after the institution of the instant public prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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