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(영문) 대전지방법원 홍성지원 2013.06.14 2013고정121
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the medical corporation C located in the Chungcheongnam-gun budget-gun, is an employer who employs 73 full-time workers and operates health business.

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

Nevertheless, the Defendant did not pay the total amount of D’s wages of 1,150,840 won for June 15, 201 to November 18, 2012, wages of 1,117,540 won for July 2012, wages of 1,120,120,570 won for September 1, 2012, 120,570 won for October 1, 2012, 638,690 won for retirement allowances of 1,638,690 won for November 15, 2012, and 1,715,70 won for total of 6,863,910 won for retirement allowances of 20 years and 1,80 won for 20 years and 1,610 won for December 1, 208, 206, 196, 2010 to June 30, 2012.

2. The above facts charged 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 intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victims have withdrawn their wish to punish the Defendant on April 30, 2013, which is after the instant indictment. Thus, the instant indictment is dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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