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(영문) 의정부지방법원 2015.05.12 2015고정636
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

1. The Defendant, as the representative director of the Co., Ltd., in both weeks, is an employer who runs the oil pipeline manufacturing business by employing four full-time workers.

The Defendant did not pay KRW 1,774,194, the total amount of KRW 2,50,00 in October 1, 2013, and the total of KRW 2,500,500,00 in December 2013, and KRW 6,774,194 in December 31, 2013, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the said workplace on the extension of the due date.

B. The Defendant did not pay KRW 7,189,760 of D retirement pay, and KRW 3,91,268 of E’s retirement pay from May 28, 2012 to August 31, 2013, within 14 days from each date on which the relevant grounds for payment arose, without any agreement between the parties on the extension of the payment deadline.

2. The instant crime cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act. The victims withdrawn their wish to punish the Defendant after the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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