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(영문) 인천지방법원 2014.10.23 2014고정2692
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is the representative of Seo-gu B block C Co., Ltd. located in Incheon, who runs a manufacturing business with nine regular workers.

1. The Defendant did not pay the total amount of KRW 2,580,646 of wages of two workers within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, including KRW 1,290,323 of D wages, which worked from July 4, 2012 to January 20, 2014 under the jurisdiction of the above workplace, as well as KRW 2,580,646 of wages of two workers, as stated in the list of crimes.

2. The Defendant did not pay each amount of KRW 10,658,719, including KRW 3,09,00,000,000,000,000 from August 5, 201 to October 20, 2013, including KRW 3,09,000,000,000,000,000,000 from August 5, 201 to October 20, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

2. The facts charged in the instant case 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 cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to Article 327 subparagraph 6 of the Criminal Procedure Act, it is recognized that victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, each of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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