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(영문) 의정부지방법원 2014.05.27 2013고정729
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the (State) D Manager in Namyang-si, is an employer who runs a manufacturing business using seven regular workers.

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

Nevertheless, the Defendant is working from March 2, 2011 to August 20, 2012 at the above workplace.

With respect to retired workers E, the amount of 11,524,540 won in total, including the wage of 1,524,540 won in March, 201, 4th month, 6th month, 200, 8,000,000 won in total, the wage of 1,724,540 won in July, 201, and 11,524,540 won in monthly wage of 1,80,000 won in total, and retirement allowance of 4,797,498 won in E was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The grounds for dismissing the prosecution are the 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, which cannot be prosecuted against the victim's express intent 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. According to the statement of withdrawal of the authentic withdrawal bound in the trial records, it can be recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6

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