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(영문) 인천지방법원 2014.11.14 2014고단4954
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the person who is engaged in manufacturing business as the representative of D Co., Ltd. located in Namdong-gu Incheon Metropolitan City C.

The Defendant in violation of the Labor Standards Act did not pay KRW 6,360,000, which worked from June 1, 2012 to January 18, 2014, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and did not pay the total of KRW 248,302,690 within 14 days from the date of retirement, as shown in attached Table 1.

B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 3,078,465 of F’s retirement allowances, which worked from June 1, 2012 to October 1, 2013, within 14 days from the date of retirement without agreement between the parties on the extension of the payment due date, and did not pay KRW 63,894,008 in total for 20 retirement allowances within 14 days from the date of retirement without agreement on the extension of the payment due date between the parties concerned.

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 to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the written withdrawal of each of the instant workers, it is apparent that the instant workers, after the instant indictment was instituted, have withdrawn their wish to punish the Defendant on November 4, 2014, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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