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(영문) 의정부지방법원 2013.12.05 2013고정2388

근로자퇴직급여보장법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of C in the building No. 101 of the building No. 101 in South Yangyang-ju, who runs a mobile phone sales business using two regular workers.

The Defendant did not pay KRW 1,250,000 as wages of May 1, 2012 to D, who worked from March 1, 2010 to May 25, 2012 at the said workplace, within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the relevant workplace on the extension of the payment date.

B. The Defendant did not pay the retirement allowance of KRW 1,150,820 to D who worked in the foregoing workplace from March 1, 2010 to May 25, 2012 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties concerned regarding the extension of the due date for payment.

2. The judgment is a crime of non-compliance with the indictment. According to the statement on withdrawal of a complaint filed in the records, it is recognized that the above employee withdrawn his/her wish to punish the defendant on September 23, 2013, which was after the indictment of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.