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(영문) 인천지방법원 2017.03.31 2016고단9091
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of D in Nam-gu Incheon Metropolitan City, who is engaged in manufacturing business by employing nine full-time workers.

The Defendant did not pay KRW 30,743,410 in total, including KRW 1,193,34 on April 1, 2016, and KRW 10,500,000 ( KRW 2,50,000 on September 1, 2016) from May 1, 2016 to August 2016, and KRW 1,66,666 on September 1, 2016 as well as retirement allowances of KRW 17,83,410 on September 17, 208, without agreement between the parties on the extension of the payment date.

In addition, the Defendant did not pay the total amount of KRW 164,303,720 to the nine workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, such as the statement in the list of annexed crimes.

2. The facts charged in the instant case are crimes 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, and may not be prosecuted against the express will of the victims pursuant to 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 records, the victims expressed their wish not to punish the Defendant on February 20, 2017, which was after the prosecution of the instant case was instituted.

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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