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(영문) 부산지방법원 2015.08.11 2015고단3842

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. in Busan High-ro B, who employs 20 full-time workers and has engaged in the clothing manufacturing business.

The Defendant, who was employed by the foregoing company on March 1, 2014 and was retired on January 1, 2015, did not pay the total amount of KRW 5.6 million from the date of retirement within 14 days from the date of retirement without agreement on the extension of the due date.

In addition, the Defendant did not pay the total amount of 68,188,076 won of wages and retirement allowances of 19 workers within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the detailed statement of the money and valuables in arrears by each individual.

2. The facts charged above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express will, under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the statement of withdrawal attached to the trial records, the victims do not want to punish the defendant after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.