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(영문) 대전지방법원 서산지원 2014.12.19 2014고정390
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the C representative of the Co., Ltd. located in Seosan City B and runs electrical construction business with ten full-time workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from April 5, 2010 to December 30, 2013.

A retired worker D’s unpaid annual paid leave allowance of 2,404,580 won (2,202,290 won for year 2010, 916,030 won for year 201, 286,260 won for year 2012), and a total of 1,740,120 won for year-end year-end refund of 2013, and retirement allowance of 14,051,640 won for year-end retirement allowance of 2013, and 18,196,340 won for year-end paid leave within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Of the facts charged in the instant case, the fact that wages are unpaid is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and pursuant to Article 109(2) of the same Act, the fact that retirement allowances are unpaid is a crime falling under subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against each victim’s clearly expressed intent under the proviso to Article 44 of

However, according to the records, it can be acknowledged that the victim, after the prosecution of this case, submitted a written withdrawal of complaint to the court on October 14, 2014, which was after the prosecution of this case, and withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6

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