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(영문) 의정부지방법원 고양지원 2015.09.04 2015고단1703

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who ordinarily employs six full-time workers in the name of “Ccafeteria” in Seocho-gu, Youngyang-si.

The Defendant, while working in the said workplace from March 1, 2013 to December 29, 2014, did not pay the total of KRW 1,400,000 and retirement allowances of KRW 3,229,000 to D and retirement allowances of KRW 4,629,00 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay the total of KRW 19,262,950 to four workers within 14 days from the date of each retirement without an agreement on the extension of the payment date between the parties concerned.

2. The facts charged as above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and may not be prosecuted against the express will of the victim who is an employee under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the records, it is recognized that the above workers' agreement under the name of the above workers that the defendant does not want to be punished in this court after the prosecution of this case, and the withdrawal of the complaint is received, so the prosecution of this case is dismissed in accordance with Article 327