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(영문) 부산지방법원 2016.06.23 2016고단358
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of the instant case is the employer who employs six full-time workers from 410 in Busan Geum-gu B Building 410 and is the employer, and the employer is the employer, despite the fact that the employee dies or retires, the employer has not paid all money and valuables, such as wages and retirement allowances, within 14 days from the time when the cause for such payment occurred. However, from December 30, 2013 to October 29, 2015, the Defendant did not pay 31,209,677 won and retirement allowances of the employee D from April 30, 2015 to October 2015, including the total amount of 39,278,640 won, 278,317 won within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

2. In light of the judgment, each of the above crimes can not be discussed against the victim's express intent under Article 109 (2) of the Labor Standards Act, and the proviso of Article 44 of the Workers' Retirement Benefit Security Act. According to the records of this case, it can be acknowledged that the victim's written agreement was submitted on March 25, 2016, which is the purport of revoking his/her wish to punish the Defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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