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(영문) 대구지방법원 김천지원 2013.05.16 2013고단335
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. In the facts charged, the Defendant is the employer who employs 50 full-time workers in Kimcheon-si B and operates the (ju), and the employer is the employer, despite the fact that the employee dies or retires, the Defendant did not pay all money and other valuables, such as wages and retirement allowances, within 14 days from the time when the cause for such payment occurred. However, on October 19, 2012, the Defendant did not pay KRW 1,018,450 of the employee D’s retirement pay for October 1, 2012 and KRW 2,184,091 of the retirement pay for 60 workers retired as stated in the details of the money and valuables in the attached Form, and did not pay KRW 27,377,78 of the total amount of wages, annual leave allowances, and retirement allowances for 60 workers retired as stated in the attached Form.

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 each victim’s express intent under Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victims can recognize the fact that the victims have withdrawn their wish to punish the Defendant on April 24, 2013, which is after the institution of the instant indictment. Accordingly, each of the instant charges is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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