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(영문) 수원지방법원 2015.06.11 2015고단97
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is a person who is running a motor vehicle maintenance business chain Co., Ltd. with ten full-time workers at C when the charge is in harmony.

The Defendant, at the same place of business, worked for the period from October 13, 2008 to October 28, 2014, did not pay KRW 1,800,000 on September 9, 2014; and KRW 2,529,030 on October 2014; KRW 16,562,350 on retirement pay; and KRW 20,824,50 on June 24, 200 and KRW 80,079,320 on the total amount of KRW 59,254,820 on retirement pay of six workers; and

2. The above facts charged 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 the case cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it is obvious that the victims have withdrawn their wish to punish the defendant after the institution of the case. Thus, this part of the indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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