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(영문) 의정부지방법원 고양지원 2013.07.25 2013고단615

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of the CC in the facts charged, is an employer who runs educational service business using 30 full-time workers at the time of strike.

1. The Defendant is working in the foregoing workplace from October 25, 2010 to June 15, 2012.

A total of 14,859,536 won of retirement pay, including 4,339,437 won of retirement pay of retired workers D, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date, as shown in the list of offenses against four retired workers.

2. The Defendant is working in the foregoing workplace from November 4, 2010 to June 30, 2012.

As shown in the list of crimes against four retired workers, including the wage of 1,681,010 won in June 2012, E of retired workers, the total amount of 16,283,000 won in arrears was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment due date.

In light of the above facts, the dismissal of a public prosecution cannot be prosecuted against the victim's express intent under Article 44 of the Guarantee of Workers' Retirement Benefits Act, and the fact that the retirement allowance remains unpaid among the above crimes is a crime falling under Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act. The fact that the payment of wages is unpaid is a crime falling under Articles 109 (1) and 36 of the Labor Standards Act and is not prosecuted against the victim's explicit intent under Article 109

However, according to the records, the above victims expressed their wish to punish the defendant before the prosecution of this case, and the victim FF, D, and G submitted a letter of withdrawal stating their intent not to have the defendant punished through the defendant on June 24, 2013 after the prosecution of this case. The victim E and H submitted a letter of withdrawal stating their intent not to have the defendant punished through the defendant on July 22, 2013 after the prosecution of this case.