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(영문) 인천지방법원 부천지원 2014.08.22 2014고정882
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a manufacturing business with ten full-time workers, a representative of the Seoul Special Metropolitan City, Nowon-gu B, 807, who is a representative of the Dispute Resolution Co., Ltd.

The Defendant did not pay KRW 2,460,410 and retirement allowance of KRW 603,290 from the date of retirement to November 30, 2013 of D, who worked from August 27, 2012 to November 30, 2013 at the same place of business, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to the agreement received by this court, it can be recognized that the above employee D withdraws his previous wish to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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