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(영문) 수원지방법원 2018.06.25 2018고단2970
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative director C of the Suwon-si Co., Ltd., which is located in Suwon-si B 2, and runs the Internet education business using four full-time workers. The Defendant did not pay KRW 8,085,00 in total and KRW 3,263,052 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties concerned.

2. Of the facts charged in the instant case, a public prosecution cannot be instituted against the victim’s explicit intent pursuant to Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and the non-payment of retirement allowances is a crime falling under Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act and falling under the proviso to Article 44 of the same Act, and cannot be instituted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act.

In this regard, on May 16, 2018, the victim D withdrawn the wishing to punish the defendant by submitting a written agreement to this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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