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(영문) 의정부지방법원 2014.04.03 2014고단420
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the C representative in Nam-si, Namyang-si, who ordinarily employs three workers and operates printing business. A.

The Defendant had worked from August 26, 1996 to July 31, 2013 at the above workplace, and paid KRW 1,000,000 out of the wages, and KRW 4,000,000 on June 2, 2013, and KRW 9,000,000 of the wages of KRW 4,00,000 on July 2013, 2013, without any agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the cause for payment.

B. The Defendant did not pay KRW 6,362,710 of D retirement pay, which was worked from August 26, 1996 to July 31, 2013 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

2. We examine the judgment. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records of this case, it is recognized that the worker D withdraws his/her wish to punish the Defendant on January 29, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the

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