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(영문) 대구지방법원 경주지원 2015.02.16 2014고단1011
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of (ju) C in the racing-si, who employs five full-time workers and operates the manufacturing business of industrial machinery. A.

Defendant violating the Labor Standards Act is working at the above workplace.

On November 16, 2013, D's total wage of 2,250,000 won, which is a retired worker, was not paid within 14 days from the date of retirement as the date of payment, without an agreement between the parties to the labor contract on extension of the due date.

In addition, the Defendant did not pay the total of 27,715,190 won to four workers from the above date to May 26, 2014 in the same manner as indicated in the attached crime list.

B. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 1,972,430 of the worker D retirement pay within 14 days from the date of retirement, which is the due date, without agreement between the parties to the employment contract and the extension of the due date.

In addition, the Defendant did not pay the total amount of KRW 29,735,320 from November 1, 2013 to May 26, 2014 in the same manner as indicated in the attached crime list.

2. Each of the facts charged in the instant case is a crime of non-violation of will. Since it is apparent in the record that the victims submitted a written agreement containing an intent to withdraw their wish to punish the Defendant on February 11, 2015, which was after the prosecution of the instant case, and thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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