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(영문) 전주지방법원 군산지원 2014.05.12 2014고정99
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who employs 100 workers at the construction site of the Hesan-si B Apartment and operates the construction business. On July 25, 2013, the Defendant did not pay KRW 4,000 in May 2013 of the victim C’s retired on July 25, 2013, wages of KRW 4,000,000 in June 2013, and wages of KRW 4,000,000 in July 2013, and retirement allowances of KRW 4,360,00 in retirement allowances within 14 days from the date of retirement.

2. The determination is based on the following facts: (a) an offense falling under Articles 109(1) and 36 of the Labor Standards Act; and (b) Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act; and (c) proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act; (d) the record reveals the fact that the victim expressed his/her wish not to punish the Defendant around April 30, 2014, after the institution of the instant prosecution, and thus, the prosecution is dismissed pursuant to Article 327 subparag. 6

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