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(영문) 춘천지방법원 2014.02.03 2013고정658

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs five full-time workers in Chuncheon City B and operates a "limited partnership C" as a construction business chain.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

The Defendant had worked from around December 10, 208 to May 27, 2013 at the above workplace and had retired workers D’ wages of 2,640,000, retirement allowances of 13,276,834 on May 2013, 2013 and had not been paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1), 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written agreement bound in the public trial records, D, the victim, has withdrawn his/her intent to punish the Defendant on January 23, 2014, after the institution of the instant public prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.