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(영문) 대구지방법원 2013.04.24 2013고정354
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Daegu Northern-gu Company B, is a person who runs gold-type manufacturing business using five regular workers.

From June 2, 2003 to June 30, 2012, the Defendant, while serving in the said workplace and retired from the said workplace, did not pay KRW 1,930,220 on April 4, 2012, wages of KRW 2,050,000 on May 2, 2012, and KRW 6,030,220, retirement allowances of KRW 18,425,00 on June 2, 2012, and KRW 14 days from the date of retirement without agreement between the parties on the extension of the due date.

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 Act on the Guarantee of Workers’ Retirement Benefits. Under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, a public prosecution may not be instituted differently from the victim’s express intent. According to the written agreement bound in the public trial records, the victim C expressed his/her intent not to be punished against the Defendant on April 19, 2013, which is the date the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act

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