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(영문) 수원지방법원 여주지원 2017.01.25 2016고단270
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who ordinarily employs 20 full-time workers as the representative director of E and F Co., Ltd., Ltd., and operated the wholesale and retail business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause occurs;

From February 1, 2012 to April 30, 2015, G 1,976,100 won on April 4, 2015, the Defendant did not pay 10 workers totaled KRW 16,231,200 on April 4, 2015, without any agreement on extension of payment deadline between the parties concerned, within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

From February 1, 2012 to April 30, 2015, the Defendant did not pay KRW 6,806,864, total amount of KRW 42,46,957, as stated in the list of crimes in the attached Form, including KRW 6,806,864, and KRW 42,466,957, within 14 days from the date of retirement, as well as KRW 6,80,864, working at the aforementioned workplace.

2. Each of the facts charged in the instant case is a case in which a prosecution cannot be instituted against the express will of the victims. According to the records, the victims can be acknowledged as having withdrawn their wish to punish the Defendant on January 11, 2017 after the institution of the instant prosecution. Thus, all of the instant indictments are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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