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(영문) 수원지방법원 2015.10.08 2015고단1652
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Suwon-si C Co., Ltd. located in Suwon-si from around 2002 to August 2014 and is an employer who runs a manufacturing business using six full-time workers.

The Defendant did not pay 1,458,205 won on May 1, 2012, 2012, as well as 5,017,000 won in annual salary, 2,88,574 won in annual salary, and 61,139,486 won in the attached crime list, including 84,487,180 won in total, and 308,061,846 won in total, including 5 employees’ wages, as shown in the attached crime list, and 308,061,846 won in total, including 84,487,180 won in total, and 6 employees’ retirement allowances, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44(1) of the Act on the Guarantee of Workers' Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. The victims have withdrawn all their expression of intent to punish the Defendant on September 9, 2015, after the institution of the instant indictment. Thus, the prosecution in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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