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(영문) 수원지방법원 안산지원 2015.10.19 2015고정1272
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of the C candidate A election campaign office in the sixth floor of Suwon-si, Suwon-si, who provided service business (election support) by using 12 full-time workers.

[2015 High Court Decision 1272]

1. From May 22, 2014 to June 3, 2014, the Defendant did not pay 5,320,000 won in total for five retired workers within 14 days from the date of retirement, as shown in the attached crime list (1), including D’s wage of 1,170,000 won on June 6, 2014, which worked at the said workplace from May 22, 2014 to June 3, 2014.

[2015 High Court Decision 1273]

2. From May 21, 2014 to June 3, 2014, the Defendant did not pay KRW 4,580,000 for the total wages of four retired workers within 14 days from the date of retirement, as shown in the attached crime sight table (2), including KRW 1,260,000, which worked at the said workplace from May 21, 2014 to June 3, 2014.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. Withdrawal of their wishes to punish victims after the institution of prosecution

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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