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(영문) 대구지방법원 2014.01.23 2014고단30
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is the employer who employs six full-time workers as the representative of D Co., Ltd., the main office of the building C in Daegu-gu, Daegu-gu, 605, and engaged in software development and service business.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

From March 1, 2005 to January 18, 2013, the Defendant, at the said workplace, was in charge of software development and service-related business, and did not pay the total of 38,622,084 won from December 1, 2009 to January 1, 2013 as well as 64,93,582 won including the total of 38,622,084 won from December 1, 2009 to January 26, 2013 as well as the total of 26,31,498 won of retirement pay, as shown in the annexed crime list, 104,970,959 won, and retirement pay 79,870,422 won, total of 184,841,381 won with employees, within 14 days from the date of retirement without agreement with employees.

2. We examine the judgment. 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 Guarantee of Workers' Retirement Benefits Act. Under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, the case cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written withdrawal of the written complaint, it is apparent that the victims’ desire to punish the Defendant on January 23, 2014, after the institution of the instant indictment, have withdrawn all of the expression of intent to punish the Defendant. Thus,

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