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(영문) 인천지방법원 2014.12.01 2014고정3964
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is an employer who has operated a communications construction business using ten full-time workers as a representative in Seo-gu Incheon, Seo-gu.

1. The Defendant did not pay 12,543,130 won in total to three workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, as stated in the attached crime list, including D’s wage of KRW 1,100,00 in July 4, 2013, where the Defendant worked at the above workplace from June 4, 2012 to August 9, 2013.

2. The Defendant did not pay KRW 2,257,149 of the aforementioned D retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment of money and valuables.

2. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to the records, it is recognized that the victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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