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(영문) 의정부지방법원 고양지원 2015.05.14 2015고정126
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative C Co., Ltd. located in Ilyang-dong-gu Seoul Metropolitan City, who ordinarily employs seven workers and operates drawings manufacturing and service business.

The Defendant is working in the foregoing workplace from August 6, 2012 to March 31, 2014.

D's wages of 1,104,300 won on March 2014 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

B. The Defendant is working from October 30, 201 to February 28, 2014 at the foregoing workplace.

The retirement allowance of the retired E was not paid KRW 1,922,530 within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties on the extension of

2. Public prosecution may not be instituted against the victim’s explicit will under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since all of the above workers after the prosecution of this case were submitted with a written application for the punishment that they do not want the punishment of the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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