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(영문) 대구지방법원 포항지원 2015.04.07 2015고단11
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C Co., Ltd. in South-gu, Nam-gu, would employ 10 full-time workers and run the manufacturing industry.

On July 1, 2014, the Defendant, as well as the amount of KRW 2,307,690 and retirement allowance of KRW 10,526,850 on April 1, 2014, as indicated in the attached list of crimes, did not pay KRW 50,730,710 in total and KRW 36,227,270 in total, and five retirement allowances, including KRW 50,730,710 in total, and KRW 36,27,270 in total, as indicated in the attached list of crimes.

2. The above facts charged are the 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, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the “Agreement on Revocation of Complaints” submitted by D, etc. on January 15, 2015, the fact that D, etc. and other workers who did not receive the instant wage and retirement allowances, such as D, who were victims, have agreed to fully pay the overdue wages, etc. on or around January 14, 2015 or around the 15th of the same month after the instant prosecution was instituted, and thus, they can be found to have withdrawn their wish to punish on the ground that they have fully revoked their wish.

3. Conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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