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(영문) 수원지방법원 성남지원 2015.10.21 2015고단1118
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of Seongbuk-gu Seoul Special Metropolitan City, 503 (Co., Ltd.), is an employer who employs 47 full-time workers and operates a salary-counting business.

After having worked in the above company from January 21, 2013 to February 28, 2015, the Defendant did not pay the total of 105,861,386 won of wages and retirement allowances to 16 workers as stated in the attached crime list, as well as the total of 5,662,396 won of wages and retirement allowances to 5,62,396 of retired workers E, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The part of the facts charged as above is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be punished against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victims can be recognized as having withdrawn their wish to punish each Defendant on September 21, 2015 and September 22, 2015, after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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