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(영문) 수원지방법원 성남지원 2013.08.14 2013고단570
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an employee who employs eight full-time workers as the representative director of the company C Co., Ltd., which has the apartment-type factory B 601, Seongbuk-gu, Sungnam-si.

The Defendant did not pay 98,202,011 won in total for six workers within 14 days from the date of retirement, as stated in the details of the attached money and valuables in arrears, including D’s wages of KRW 4,100,000 and retirement allowances of KRW 3,538,049, which worked from March 11, 2010 to October 31, 2012.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under 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 can be recognized as having expressed their intent not to punish the Defendant after the instant indictment was instituted. Thus, all of the instant prosecutions are dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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