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(영문) 수원지방법원 안양지원 2014.02.04 2013고단1500
근로자퇴직급여보장법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the representative of D Co., Ltd. C in the military, operates the manufacturing business of semiconductor parts by employing ten full-time workers.

The Defendant did not pay 63,233,949 won in total, including three workers’ wages and retirement allowances, within 14,953,680 won in total, and 12,045,309 won in the attached crime list, as stated in the attached crime list, when he/she worked in the said workplace from May 10, 2010 to May 16, 2013, within 14 days from the date of his/her retirement, without any agreement on the extension of the payment date with the workers.

2. The judgment 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 victims' 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. The records show the fact that the workers have withdrawn their wish to punish the Defendant after the institution of the instant prosecution. Thus, each of the instant prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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