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(영문) 수원지방법원 평택지원 2013.10.11 2013고정324
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the third representative director in Pyeongtaek-si B, who is a full-time worker and operates a special model manufacturing business using eight full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from May 17, 2012 to June 8, 2012.

Labor for retired workers D shall be 3,820,000 won on June 6, 2012, and from May 21, 2012 to June 9, 2012.

The 7,260,000 won total of wages of 3,440,000 on June 6, 2012 for retired workers E was not paid within 14 days from the date of retirement without agreement between the parties.

2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is an offense against non-compliance under Article 109(2) of the same Act. Since the above victims expressed their intent not to be punished against the defendant on August 29, 2013 after the prosecution of this case was instituted, E has not submitted an express statement of withdrawal of the complaint, but E has a proxy delegated all of the authority on the complaint of this case under Article 236 of the Criminal Procedure Act (hereinafter referred to as "Investigation Record"). D has been delegated by E on October 12, 2012, with authority to revoke the complaint of this case (it is equivalent to authority to express the intention not to punish the crime against non-compliance). Since the date of the closure of the argument of this case, E submitted a copy of the identification card along with E’s signature after the date of the closure of the argument of this case.

Article 327 subparagraph 6 of the Criminal Procedure Act is all dismissed.

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