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(영문) 수원지방법원 2015.04.30 2014고단7148
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who had 50 full-time workers employed by Gangdong-gu Seoul Metropolitan Government and operated the manufacturing chain “(main)C”.

If a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless there exists an agreement between the parties on the extension of the due date for the payment.

Nevertheless, the Defendant, while working in the said workplace from June 7, 1993 to May 12, 2014, did not pay KRW 13,957,290 of the wages and retirement allowances of two workers as stated in the attached crime list, as well as KRW 83,910,810 of the wages and retirement allowances of two workers, within 14 days from the date of the occurrence of the relevant cause for payment, without agreement between the parties on the extension of the due date for payment.

2. Each of the facts charged in the instant case is a crime 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, for which a public prosecution cannot be instituted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each of the criminal agreements (written application for penalty) bound in the public trial records, E may be acknowledged to have withdrawn his/her wishing to punish each of the Defendant on April 23, 2015, after the instant public prosecution was instituted. Thus, the public prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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