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(영문) 의정부지방법원 고양지원 2016.04.07 2016고정5
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who ordinarily employs 20 full-time workers as the representative of Kusan-dong C Co., Ltd. located in Ilyang-gu, U.S. and runs real estate rental and management business

A. The Defendant in violation of the Labor Standards Act did not pay KRW 900,000,00 that retired from office as an employee from the above company to October 10, 2014, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 1,808,140 of the E retirement allowances within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

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

On March 25, 2016, workers E, after the institution of the instant prosecution, withdrawn the wish to punish the Defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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