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(영문) 수원지방법원 2014.12.12 2014고정3054
근로기준법위반등
Text

Each indictment against the Defendants is dismissed.

Reasons

1. The Defendants of the facts charged in the instant case are the joint representative of the D Co., Ltd. in the Ssung City, who employs three full-time workers and engages in wholesale and retail business of Gohap timber.

1. The Defendants worked from April 1, 2004 to March 31, 2014 at the above workplace and did not pay the total of KRW 4,593,820 as wages of KRW 2,296,910 on February 2, 2014, and KRW 2,296,910 on March 3, 2014, and KRW 4,593,820 on March 2, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The Defendants, as stated in the foregoing paragraph 1, did not pay KRW 25,413,717 of the retirement allowances E of retired workers who worked in the same workplace for the same period and were not paid within 14 days from the date of retirement without any agreement between the parties on the extension

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, since the workers mentioned in the facts charged have withdrawn their wish to punish the Defendants after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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