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(영문) 수원지방법원 2014.06.16 2014고단2060
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of C Co., Ltd., which is located in B, and is an employer who engages in the manufacturing industry using ten workers.

The Defendant, at the above workplace, worked from October 27, 2008 to March 31, 2013, and did not pay 1,560,460 won in total to retired workers on January 2013, and did not pay 11,765,220 won in total to three retired workers within 14 days from the date on which the cause for payment occurred without an agreement on extension of the due date between the parties concerned, as shown in the attached crime list.

나. 피고인은 위 사업장에서 같은 기간동안 근로하고 퇴직한 D에게 퇴직금 6,143,803원을 지급하지 않은 것을 비롯하여 별지 범죄일람표 기재와 같이 퇴직근롸 2명에게 퇴직금 합계 10,545,896원을 당사자 간 지급기일 연장에 관한 합의 없이 지급사유 발생일인 퇴직일로부터 14일 이내에 각 지급하지 아니하였다.

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 records, the victims’ withdrawal of complaint, stating the purport of withdrawing the Defendant’s expression of intent to punish the Defendant on April 3, 2014, after the instant indictment, are recognized to have been submitted to this court. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of

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