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(영문) 수원지방법원 안산지원 2015.04.15 2015고정92
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of D Co., Ltd. (C3) and 612, runs a manufacturing business with six regular workers. A.

Even if the Defendant had workers E employed from November 12, 2009 to June 13, 2014, the Defendant did not pay 11,380,808 won of wages within 14 days from the date of retirement without any agreement between the parties on the extension of the period.

B. Even from November 12, 2009 to June 13, 2014, the Defendant employed workers E and had them work at the said workplace, the Defendant did not pay KRW 494,180 of retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the period.

2. According to Article 109(2) of the Labor Standards Act, the violation of the Act on the Guarantee of Workers' Retirement Benefits is a case in which a public prosecution cannot be instituted against the express intent of each victim under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the records, it can be recognized that the victim E withdraws his/her wish to punish the defendant on January 16, 2015, which was after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.

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