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(영문) 수원지방법원 평택지원 2014.06.12 2014고단520
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the Co., Ltd. Co., Ltd. in Pyeongtaek-si B and employs 20 full-time workers, and the employer is the employer who operates the electronic component manufacturing business by making use of 20 full-time workers, and the employer, despite the fact that the employee is dead or retires, despite the payment of wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, the Defendant did not pay 1,50,000 won in total, including wages, other money and valuables of retired workers D, and 1,983,930 won in total, including wages, etc. of retired workers D, and other money and valuables, within 14 days from the date of retirement without agreement between the parties to the extension of each due date.

2. The above facts charged 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, and 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 records of this case, it is recognized that the worker D expressed his/her intent to agree with the defendant and not to punish the defendant after the institution of the instant prosecution. Thus, the prosecution against this part is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure

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