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(영문) 수원지방법원 안양지원 2014.04.17 2014고정7
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the actual manager of D Co., Ltd. in Ansan-gu, Anyang-gu, who employs 11 full-time workers and operates security service business.

The Defendant did not pay the annual allowance of KRW 1,411,00 and retirement allowance of KRW 7,434,885 of the retired workers E while working in the said workplace from May 1, 2006 to August 31, 2012, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.

2. The judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, 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 Guarantee of Workers' Retirement Benefits Act. According to the records, it is evident that E has withdrawn the employee's expression of intent to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed under Article 327 subparag.

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