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(영문) 광주지방법원 목포지원 2014.03.10 2014고정31
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is the actual co-manager of C in the facts charged of the instant case, who ordinarily employs 40 workers, and operates entertainment business.

The defendant works from June 20, 2004 to August 10, 2012 at the above workplace.

A retired worker D’s wage of 1,451,610 won on June 2012, 201, wage of 2,50,000 won on July 2, 2012, wage of 2,50,000 won on August 2, 2012, wage of 19,906,930 won on retirement allowance of 19,906,930 won on retirement allowance, and from April 2, 2007 to August 21, 2012.

A retired worker E’s wage of 870,968 won on May 2012, 2012, wage of 1,50,000,000 won on June 2012, wage of 1,50,000 won on July 2012, and wage of 532,258 won on August 2012, and retirement pay of 7,915,870 won on retirement pay, and work from August 2012 to September 2012.

Workers F retired from office are working for 1,00,000 won for August 8, 2012, wage of 354,839 won for September 2012, and for 354,839 won for workers retired from office from office from February 25, 2008 to April 4, 2013.

From November 201 to October 2012, G of retired workers, the monthly wage of 1,30,000,000 won for each month, and the wage of 649,90 won for November 201 and the total of 28,459,665 won for retirement allowances and 34,587,74 won for total of 34,774 won for retirement allowances shall not be paid within 14 days from the date of retirement of the relevant worker without any agreement on the extension of the due date for payment.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement

According to the records of this case, it is recognized that the victims have withdrawn their wish to punish the defendant by entering into an agreement with the defendant after the prosecution of this case and withdrawing the complaint. Thus, each of the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act

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