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(영문) 의정부지방법원 고양지원 2014.07.22 2013고단814

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 13 full-time workers in Yongsan-gu, Busan Metropolitan City C and operates “D” (water manufacturing company).

From November 15, 201 to January 10, 2013, the Defendant had not paid the total of 5,179,220 won from August 201 to January 2013, 201, including the total of 5,179,220 won from August 15, 2012 to January 1, 2013, and 18,473,720 won in total of 5 workers’ wages, as indicated in the “detailed statement of overdue wages” in attached Table 1, and did not pay within 14 days from the date of retirement without agreement between the

B. From November 15, 201 to January 10, 2013, the Defendant, as well as E’s retirement allowance 1,716,754 won, working at the pertinent workplace, and as indicated in the “detailed statement of late-paid retirement allowances” in attached Table 2, the Defendant did not pay 6,94,87 won in total, and 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The case may not be prosecuted against the will expressed by the victim under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

According to the criminal agreement submitted by the defendant on July 10, 2014, the victims withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.