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(영문) 수원지방법원 평택지원 2014.05.13 2014고정214
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of the incorporated foundation D in Pyeongtaek-si C and the third floor, who is engaged in the excavation and restoration of cultural heritage by using ten full-time workers.

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

Nevertheless, the Defendant worked from February 15, 2012 to July 26, 2013 and did not pay the wages and retirement allowances to the retired workers E within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes 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, and cannot be prosecuted against the victim’s express intent pursuant to 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According to the written withdrawal of the complaint submitted on April 14, 2014, it is recognized that the victim has withdrawn his/her wish to punish the Defendant after the institution of the instant indictment. Thus, all of the indictments in the instant case are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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