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(영문) 대전지방법원 2013.07.04 2013고단1440
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant, as the representative of the “C Company” in Chungcheongnam-gun, Chungcheongnam-gun, is running a variety of manufacturing businesses using ten full-time workers. From October 201 to October 1, 201, the Defendant is working as the production staff in the said Company from around May 18, 201 to around October 1, 201.

The retirement allowance of 8,986,005 won was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent. Since the victim expressed his intent not to punish the defendant after the indictment of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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