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(영문) 인천지방법원 2014.05.23 2014고정382

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of the instant case is a business owner in Bupyeong-gu Incheon Metropolitan City, who is a full-time employee, who runs a subdivision funeral business using ten full-time workers.

The Defendant in violation of the Labor Standards Act was employed by the said workplace from May 1, 2004 to September 30, 2010, and did not pay KRW 2,500,000 on September 1, 2010, which was retired from the said workplace within 14 days from the date of retirement without any agreement on extension of the payment due date.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay each of the retirement allowances of KRW 30,496,261 as well as KRW 8,466,692 of the D retirement allowances, which were employed from May 1, 2004 to September 30, 2010, as well as KRW 30,496,261 of the five employees, as shown in the annexed crime list, within 14 days from the date of retirement without agreement on the extension of the payment

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 Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted 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 each written confirmation of E, D, F, G, and H preparation, the victims after the instant indictment was instituted have clearly withdrawn their wish to punish the Defendant on May 22, 2014, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.