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(영문) 수원지방법원 성남지원 2014.09.17 2014고정1395
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is the actual manager of D Co., Ltd. in Seongbuk-gu, Seongbuk-gu, Sungnam-si, who engages in the manufacturing of electronic equipment using eight regular workers.

The Defendant, at the foregoing workplace, worked from October 8, 2012 to November 21, 2013, did not pay the total of KRW 16,65,316 of wages of five workers within 14 days from the date of retirement, as shown in the attached Form, including KRW 1,66,66,66,66, and KRW 4,99,98, etc., for three months from September 8, 2013 to November 21, 2013.

B. The Defendant did not pay KRW 1,800,294 as retirement allowance E within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

2. The part of the facts charged as above is an offense 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 punished against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victims can be recognized as having withdrawn their wish to punish the Defendant on September 3, 2014, after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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