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(영문) 의정부지방법원 고양지원 2014.12.05 2014고단1056

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C in Yongsan-gu, Seoyang-gu, Goyang-si, who runs automobile parts business using eight regular workers at ordinary times.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant works from September 21, 2012 to November 9, 2013.

The retirement allowance of 1,828,920 won for retired workers was not paid within 14 days from the date of retirement without any extension agreement between the parties concerned, and the total amount of 82,116,960 won of wages and retirement allowances of 6 workers was not paid within 14 days from the date of retirement without any extension agreement between the parties concerned.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1), 36, and 43 of the Labor Standards Act, and Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and Article 44(1) of the Guarantee of Workers’ Retirement Benefits Act. The victims prepared each “whether criminal punishment is imposed and the withdrawal of a petition” to the effect that the victims withdraw their intent to punish the Defendant after the prosecution of the instant case, and submitted each document to the court. Thus, each of the instant charges was dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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