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(영문) 창원지방법원 2013.07.11 2013고정677

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates the Agricultural Products Wholesale Co., Ltd. (State)C in Kimhae-si.

From September 1, 2010 to November 30, 2012, the Defendant, while serving in the said company and retired from office, did not pay the D’s wages of 720,000 won for June 2012, and the monthly wages of 14,720,000 won for each month from July 1, 2012 to November 11, 201, and the total of 19,104,750 won for retirement allowances during the said period of employment (i.e., wages of 14,320,000 retirement allowances of 4,784,750 won for the said period of employment) within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties to the extension of the due date.

2. We examine the judgment. This part of the facts charged is a crime falling 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, which cannot be prosecuted against the victim's express intent 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to the statement of "written withdrawal of complaint" bound in the trial records, it is clear that the victim has withdrawn his wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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