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(영문) 청주지방법원 충주지원 2013.05.23 2013고단114
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is an employer who employs approximately 18 full-time workers on the trade name of Ansan-si Group C Building 308 (main) D and engages in the steel structure construction business.

1. From April 1, 2010 to April 30, 2012, the Defendant did not pay KRW 2,371,190 and the total amount of KRW 5,065,307 and retirement pay KRW 7,346,497 within 14 days from the date of retirement without agreement on the extension of the payment date.

2. From June 1, 2010 to May 10, 2012, the Defendant failed to pay KRW 9,575,018 within 14 days from the date of retirement, without agreement on the extension of the due date, for the total amount of KRW 790,526, retirement allowances, retirement allowances, 5,911,982 on April 1, 2012 of G workers who worked as production-management workers at a workplace specified in paragraph (1).

2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the victims can recognize the fact that they expressed their intent not to punish the defendant after the institution of each case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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