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(영문) 수원지방법원 성남지원 2013.04.23 2012고단2349
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who is the representative director of the Co., Ltd. located in the 611 in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-si, and was employed and worked for the Defendant from November 15, 2010 to July 31, 2012, the Defendant did not pay two workers’ wages, annual allowances, and retirement allowances and retirement allowances, KRW 52,589,77, and KRW 147, as stated in the attached Table, within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as well as the annual allowances of KRW 2,169,060, retirement allowances, KRW 4,746, 140, total sum18, and KRW 18,637,230 from the date of retirement without agreement between the parties on the extension of the due date.

2. We examine the judgment. The case is a crime 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, which cannot be prosecuted against the victim's express 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 According to the records, the victims can be acknowledged as having withdrawn their wish to punish the defendant on April 23, 2013, which is after the public prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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