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(영문) 광주지방법원 목포지원 2013.10.28 2013고단1203

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant is the representative director of C, a company in Yong-gun, Jeonnam-gun, who ordinarily employs six workers and operates a manufacturing business. If an employee retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date when the cause for the payment occurred unless the parties to the extension of the due date have agreed on the extension of the due date. However, on August 16, 2012, the Defendant did not pay wages, compensations, and other money and valuables that he/she retired from the above workplace on December 31, 2013, including retirement allowances of 916,000 won, retirement allowances of 83,30 won, and retirement allowances of 83,30 won, and January 31, 2013, which he/she retired from the above workplace, without an agreement between the parties to the extension of the due date.

Judgment

The facts charged in this case are crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the victims may recognize the facts that they expressed their intent not to punish the defendant after the institution of the instant prosecution. Thus, the prosecution charged in this case is dismissed under Article