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(영문) 대구지방법원 서부지원 2014.05.22 2013고단1367
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, as the representative director of the company D in Daegu Seo-gu, is an employer who runs real estate rental business using four full-time workers.

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

Nevertheless, the Defendant worked as an employee from October 1, 200 to March 31, 201, while serving as an employee from March 31, 201, the Defendant, from February 1, 2001 to March 31, 201, worked as a parking source for the employee E’s wages of KRW 8,588,670 and retirement allowances of KRW 27,721,612, and from February 1, 1996 to March 31, 2013, did not pay the employee F’s wages of KRW 2,40,000 and retirement allowances of KRW 13,740,273, and KRW 13,740,273, and KRW 13,740,00 from April 8, 2007 to March 31, 2013 and did not pay the employee’s wages of KRW 640,789,50,513,205.

Judgment

This case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44(1) and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim’s explicit 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.

However, according to the records, it is recognized that the victims withdrawn their wish to punish the defendant on May 19, 2014 after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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