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(영문) 수원지방법원 평택지원 2014.08.21 2014고정210
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The suspect of the facts charged is a C physician or manager of Pyeongtaek-si B apartment building 1 who is an employer who operates bathing business by using five regular workers. If a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and other money and valuables from the time when the ground for such work arises, despite that the Defendant, at the above workplace, worked for the period from January 1, 201 to April 21, 2013, and paid 50,000 won per month from December 14, 2009 to February 25, 2013; from June 15, 2013 to August 31, 2013; from June 30, 2013 to August 31, 2013, the Defendant did not pay 7640,000 won per month from the total of 30,000 won per month to 360,000 won per month from the date of retirement to 30,015.

2. Each of the facts charged in this part of the judgment is a case in which a public prosecution may not be instituted against the intent expressed by the victim under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act

However, according to the trial records, it is recognized that each of the above workers after the prosecution of this case had expressed his/her intention not to punish the defendant, so this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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