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(영문) 의정부지방법원 고양지원 2015.06.12 2015고단763
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who operates a wood manufacturing business by making use of 12 regular workers as the representative of Koyang-gu Co., Ltd., Ltd. located in Yangyang-gu, Yangyang-gu.

The Defendant in violation of the Labor Standards Act, when working as an employee from November 1, 2007 to February 14, 2014 at the above company’s place of business, did not pay KRW 44,146,800, total wages of five retired workers within 14 days from the date of retirement, as shown in the attached crime list, as well as KRW 1,90,000, retired as well as the attached crime list.

B. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 106,367,540 won in total, including 12,350,680 won in the retirement allowance D of the retired workers under the preceding paragraph, within 14 days from the date of retirement without any agreement on extension of payment period between the parties concerned, as stated in the list of crimes in the attached Table.

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 an application and a written agreement were 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 prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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