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(영문) 수원지방법원 성남지원 2014.08.28 2014고정1311
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged in the instant case is as follows: while the Defendant, as the representative director of the C Co., Ltd. in Seongbuk-gu, Sungnam-si, the Defendant was working for the said C Co., Ltd. with six regular workers, from March 27, 201 to February 17, 2014, the amount of wages of 775,020 won for December 27, 2013 of retired workers D; the amount of wages of 1,80,000 won for January 2, 2014; the amount of wages of 1,092,80 won for February 2, 2014; the amount of wages of 111,960 won for year-end settlement refund; the amount of retirement allowances and retirement allowances of 3,779,780 won for total, 5,177, and 860 won for the extension of payment period within 14 days from the date of retirement without agreement between the parties.

2. Determination and conclusion-finding. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparags. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records on the withdrawal of the petition filed in the records, it is recognized that D, who is the victimized employee of the instant case, has withdrawn his/her wish to punish the Defendant on July 22, 2014, which is after the institution of indictment.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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