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(영문) 의정부지방법원 고양지원 2015.06.12 2015고단1063
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the employer who runs a construction business by using 30 full-time workers as the representative of the “E” located in Ilyang-dong, Yongsan-gu, Goyang-si.

The Defendant in violation of the Labor Standards Act, while working as an employee from October 1, 2013 to May 15, 2014 from the above company, did not pay KRW 11,550,000 as well as KRW 79,952,806 of the total wages of seven retired workers within 14 days from the date of retirement, as shown in the attached crime list.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 2,473,654 of G retirement allowances, which was retired as an employee, within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates, from February 17, 2013 to July 10, 2014.

2. Each of the facts charged in the instant case is an offense 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 is not prosecuted against the express will of the victim who is an employee under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits

However, according to the records, it is recognized that the withdrawal of the complaint (the withdrawal of the complaint) has been received by the victims to the effect that they want not to be punished by the defendant and withdraw the complaint after the prosecution of this case. Thus, the indictment of this case is dismissed pursuant to Article 327 subparagraph 6 of the

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