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(영문) 수원지방법원 2017.07.17 2017고단3469
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the Co., Ltd. in the wife population B, employed 22 full-time workers and engaged in the service business from November 1, 2010, who was employed by the said company from around March 31, 2016, and did not pay 168,736,649 won in total of 16 workers’ wages, etc. within 14 days from the date of each retirement without any agreement on extension of payment date, as indicated in the list of crimes in the separate sheet of crimes, including where he/she did not pay 55,00 won in total and 12,26,469 won in total from the date of the retirement on March 31, 2016.

2. Of the facts charged in the instant case, each of the following facts charged constitute an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and an offense falling under Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act.

According to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, each of the above crimes cannot be prosecuted against the victim’s explicit intent or against the victim’s explicit intent.

In this regard, the victim's workers expressed their intent not to be punished against the defendant in this Court through the written withdrawal of each complaint submitted on July 11, 2017 after the institution of the instant indictment.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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