beta
인천지방법원 부천지원 2014.06.19 2014고단772

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The Defendant, in the facts charged, was an employer who employs six full-time workers of the cosmetic in Bupyeong-si B, the Defendant: (a) paid the total of KRW 495,870 won from July 1, 2012 to October 25, 2013; (b) KRW 7,025,504; and (c) KRW 4,221,595 of the E’s retirement allowances of workers employed in the said workplace from July 12, 2012 to July 31, 2013; and (d) did not pay them within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

The grounds for dismissing the public prosecution in this case cannot be prosecuted against the victim’s express intent 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, Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

The victim D withdraws his/her wish to punish each defendant on April 11, 2014, which was after the prosecution of this case was instituted, and the victim E withdraws his/her wish to punish each defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.