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(영문) 수원지방법원 성남지원 2013.09.13 2013고단1883
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director C(C) of 808 building B in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the Defendant is an employer who carries on electrical and electronic manufacturing business

An employer shall pay all money and valuables, such as wages, within fourteen days after the cause of such extension occurred, unless otherwise agreed by the parties concerned, or within fourteen days after the retirement of an employee.

The Defendant did not pay the total amount of KRW 14,808,278 to three employees, including D’s wages, retirement allowances, total sum of KRW 58,214,556, who worked from March 20, 202 to May 21, 2012, within 14 days from retirement without an agreement on extension of the due date for payment between the parties concerned, as shown in the details of personal delayed payment.

2. The facts charged in the instant case are crimes 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, and cannot be prosecuted against the victims’ express intent. Since the victims expressed their intent not to punish the Defendant after the institution of the instant indictment, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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