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(영문) 의정부지방법원 고양지원 2015.01.16 2014고단2288

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the user who runs a construction business with 10 full-time workers as a representative who actually operates E in P at the time of strike.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

The defendant is working for the company from May 1, 2010 to November 30, 2013.

Wages of retired workers F, including 6,64,600 won, were not paid for 34,233,580 won in total for 8 workers as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The defendant is working for the company from May 1, 2010 to November 30, 2013.

Wages of retired workers F, including 13,790,190 won, did not pay 43,267,330 won in total for five workers within 14 days from the date of retirement without an agreement on extension of payment due date between the parties concerned, as shown in the attached list of crimes.

2. Each of the facts charged in the instant case is a crime 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 to Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victims may recognize the fact that the victims have withdrawn their wish to punish the Defendant on January 14, 2015, which is after the institution of the instant prosecution. Accordingly, each of the instant charges is dismissed pursuant to Article 327 subparag.