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(영문) 대구지방법원 김천지원 2014.10.21 2014고정212

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the employer who employs five full-time workers in the Gu and operates the D Language Research Institute, and the employer is the employer, despite the fact that the employee dies or retires, he/she paid all money and other valuables, such as wages, retirement allowances, etc. within 14 days from the time when the ground for such payment occurred, on April 23, 2013, the Defendant did not pay KRW 3,139,162 within 14 days from the date of his/her retirement without any agreement on extension of the due date between the parties concerned.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 main sentence and Article 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 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act. The victim may recognize the fact that he/she has withdrawn his/her wishing to punish the Defendant on October 21, 2014, which is after the instant indictment was instituted, and thus, the instant prosecution is dismissed pursuant to Article 327 subparag.