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(영문) 부산지방법원 2014.09.24 2014고단1142
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 50 full-time workers in the name of “stock company C” in Busan Jung-gu and engages in the mass restaurant business, etc.

The Defendant did not pay KRW 3,368,890, retirement allowance 15,360,01,360 from October 15, 2007 to November 30, 2013 to workers D’ wages, annual allowances, and retirement allowance of KRW 3,368,890, and retirement allowance of KRW 15,001,360 within 14 days from the date of retirement without agreement on extension of the due date, and did not pay KRW 92,094,652, total amount of wages, annual allowances, and retirement allowance of 11 employees, as stated in the list of individual accounts payable, within 14 days from the date of retirement without agreement on extension of the due date.

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 Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the letter of withdrawal of a complaint and reference materials, the case is that D delegated by E, F, G, H, I, and J submitted a letter of withdrawal of each complaint to the defendant and withdrawn the declaration of intent to punish the defendant under Article 327 subparag. 6 of the Criminal Procedure Act. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Act.

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