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(영문) 부산지방법원 동부지원 2015.09.24 2015고단1350
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who has operated three external enterprises, such as (ju), C, D, and E, in Busan Shipping Daegu B, 219.

From February 1, 2011 to September 30, 2014, the Defendant has worked in the said Section C.

F’s wage of KRW 2,00,000 and retirement allowance of KRW 6,813,520 in September 2014, which is a retired employee, including the amount of KRW 68,320,370, which is the total amount of eight retirement workers or eight retirement allowances of the said three companies, as shown in the list of crimes in the attached Table, did not pay it within 14 days from the date of such retirement without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes 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, 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. According to the records, since all eight workers listed in the attached list of crimes have withdrawn the expression of intent to punish the Defendant after the instant indictment, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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