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(영문) 수원지방법원 2016.06.24 2016고정1127
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant used seven full-time workers as the representative of C Co., Ltd., which is located in C in the G when he was in harmony.

Defendant 1,655,56 won in total of wages and retirement allowances of retired workers D, and ② from May 27, 2013 to July 15, 2015, Defendant 10,458,836 won in total of wages and retirement allowances of retired workers E, who worked in the above workplace from February 14, 2012 to September 10, 2015, did not pay them within 14 days from the date of retirement without agreement between the respective parties on the extension of payment deadline.

2. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits. However, according to the records, it can be recognized that the victim D and E expressed their wish not to punish the Defendant on May 30, 2016, after the public prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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