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(영문) 대구지방법원 2014.07.17 2014고단3127
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative C of the Daegu Nam-gu, which is the representative of the credit rating company, and operates the (pate) service business using 13 regular workers. A.

The Defendant, from March 1, 2013 to October 31, 2013, as well as KRW 2,485,520 of the retired workers D’s wages in July 2013, 2013, did not pay KRW 38,006,010 to 14 days from the date on which the cause of the occurrence occurred, without an agreement on extension of the due date between the parties concerned, as stated in the attached list of crimes.

B. From July 20, 2009 to October 31, 2013, the Defendant, as stated in the list of crimes, did not pay KRW 7,751,250, the total amount of KRW 23,033,890 to four retired workers as well as KRW 7,751,250, as well as KRW 23,03,890, as stated in the list of crimes in the separate list of crimes.

2. We examine the judgment. The facts charged in this case cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records of this case, it can be acknowledged that the victims withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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