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(영문) 춘천지방법원 2014.06.30 2014고단375
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in Gangwon-do class B, who runs a service business using 11 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.

The Defendant is working from July 3, 2006 to December 3, 2013 at the above workplace.

A retired worker D's total of KRW 19,853,039,039, total of KRW 58,064, and retirement allowance 19,794,975, and total of KRW 19,853,039, in December 2013, did not pay within 14 days from the date of retirement, without any agreement

2. The determination is based on the case that falls 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 cannot be 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.

However, according to the statement of withdrawal of the victim's petition, the victim can be acknowledged on March 5, 2014, which was the date the prosecution of this case was instituted, as the case had withdrawn his/her wish to punish the defendant.

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

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