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(영문) 수원지방법원 2015.03.09 2015고단60
근로기준법위반등
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. The summary of the facts charged is the joint representative of the Dispute Resolution Co., Ltd. in the Ssung City Co., Ltd., who is an employer who runs the wholesale and retail business of Gohap timber with three regular workers employed.

The Defendants provided labor at the above workplace from July 11, 2008 to March 31, 2014, and retired E’s wages of KRW 2,540,000 on February 201, 2014, and KRW 5,080,000 on March 3, 2014, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

B. The Defendants did not pay 5,760,000 retirement allowances of E retired workers who worked in the same workplace for the same period as above in the above paragraph (a) within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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, which cannot be prosecuted 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 the written withdrawal of the written complaint filed in the trial record, E can be recognized as the fact that he withdraws his wish to punish the Defendants on December 3, 2014, after the instant indictment was instituted. Accordingly, the Defendants’ respective prosecutions against the Defendants are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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