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(영문) 수원지방법원 안산지원 2015.05.22 2015고단1052
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 18 full-time workers in Ansan-si Member B, an employer who operates “(State) C” as an electronic component manufacturing business.

If a worker retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the date of such retirement, unless there exists an agreement between the parties on the extension of the due date for the payment.

The Defendant did not pay the total of KRW 5,851,00, total of KRW 2,041,00, retirement allowances of KRW 1,992,660, and total of KRW 6,259,750, as stated in the list of crimes in the attached crimes, including the sum of KRW 2,041,00, and retirement allowances of KRW 1,992,660, which worked from March 1, 2013 to June 1, 2014, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to extend the payment

2. Each of the facts charged in the instant case is a crime 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, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each of the written withdrawals sent after the instant indictment, each of the workers listed in the attached list of crimes stated in the attached list expressed his/her intent to withdraw punishment against the Defendant on April 10, 2015, prior to the instant prosecution, and thus, the facts charged in the instant case constitutes a crime for which the prosecution procedure becomes invalid in violation of the provisions of Acts and subordinate statutes and is dismissed pursuant to Article

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