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(영문) 인천지방법원 2015.07.03 2015고단2613
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who operates “D” with 14 full-time workers in Gyeyang-gu Incheon, and the Defendant did not pay the total of KRW 7,213,360, including the total of KRW 7,213,360, and the total of KRW 14,07,909,020 of workers’ wages and retirement allowances within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown 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 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the contents of each authentic document bound in the trial records, the victims may recognize the fact that they have withdrawn their wish to punish the Defendant after the instant indictment was instituted. Accordingly, the Defendant’s prosecution against the Defendant is dismissed in accordance with Article 327 subparag. 6

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