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(영문) 수원지방법원 안산지원 2016.03.25 2015고단4129
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who actually managed C, a stock company located in B, at the time of Si interest.

When an employee retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant from April 27, 2015 to the same year.

8. Until May 2, 2015, employees D, who were working at the above workplace and retired, did not pay the total of KRW 46,344,620, as stated in the list of crimes in the attached Table of crimes, including KRW 1,50,00 of the wages of 7 workers, within 14 days from the date of retirement without any agreement on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

According to the records of this case, each victim's withdrawal of complaint was submitted to the court on January 27, 2016 and March 8, 2016, which was after the prosecution of this case was instituted.

The public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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