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(영문) 부산지방법원 2015.03.11 2014고정4594
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative director of the D Co., Ltd. located in Busan Northern-gu C, who employs 200 full-time workers and engages in liquid fuel wholesale business.

From May 1, 2007 to May 20, 2012, the Defendant did not pay 11,987,079 won, in total, of wages, overtime work allowances, holiday work allowances, annual paid leave allowances, and retirement allowances, within 14 days from the date of retirement, to E, who were retired from office while working in the said workplace from May 1, 2007 to May 20, without any agreement between the parties

2. We examine the judgment. The facts charged in this 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, which 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 Guarantee of Workers' Retirement Benefits Act. According to the statement of "Withdrawal" bound in the trial records, it is clear that the victim has withdrawn his wish to punish the defendant after the institution of the prosecution in this case. Thus, the prosecution in this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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