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(영문) 수원지방법원 2015.07.23 2015고합267
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of D Co., Ltd. located in Seongbuk-gu, Sungnam-si, Sungnam-si, operated a manufacturing business of telecommunications equipment by

When a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of the payment period.

Nevertheless, the Defendant is working in the workplace from September 27, 2012 to November 1, 2014.

A retirement allowance of KRW 17,607,646 in total and KRW 5,809,261 in total and KRW 17,607,646 in retired E shall not be paid within 14 days from the date of occurrence of the cause for the payment, without agreement between the parties to the case

2. We examine the judgment. The case is a crime 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, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the written agreement dated July 14, 2015, E may recognize the fact that it explicitly expresses its intention not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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