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(영문) 청주지방법원 충주지원 2015.09.18 2015고단147
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the “D Co., Ltd.” in the voice group C, who ordinarily employs ten workers and operates the grain manufacturing business.

The Defendant did not pay KRW 12,880,00 in total of KRW 7,928,70 and KRW 12,880,00 in total of KRW 4,951,300 and retirement pay within 14 days from the date of retirement, and did not pay KRW 90,435,360 in total for 11 employees’ wages and retirement pay as stated in the details of the money and valuables in arrears in attached Form, as stated in the foregoing place of business from February 1, 2013 to December 31, 2014.

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 under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The records of the instant case acknowledged the fact that the victimized workers expressed their intent not to be punished against the Defendant after the public prosecution of the instant case was instituted. Thus, the instant public prosecution of this case is dismissed pursuant to Article 327 subparag.

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