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(영문) 대전지방법원 서산지원 2014.02.13 2013고단674
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a manager of the C stock company in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who conducts a manufacturing business with ten full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant worked from September 24, 2010 to December 15, 2012 at the place of business of the said C Co., Ltd., and did not pay 43,083,294 won in total as well as 968,471 won in the victim D’s wages and retirement allowances, who were retired workers, within 14 days from the date of retirement, as described in the attached list of crimes.

2. The judgment is based on the case that falls 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 cannot be prosecuted against the victim’s express intent 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. According to the records, the victims can recognize the fact that the victims expressed their wish not to punish the defendant after the institution of the case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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