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(영문) 대구지방법원 서부지원 2014.04.25 2014고정33
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who regularly employs 15 workers under the trade name of Daegu-gu Month B from C and engages in the manufacturing of bedclothes.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, but the defendant is working at the workplace above.

On September 22, 2012, D’s retired workers paid KRW 861,990 on July 7, 2012, wages of KRW 89,00 on August 2012, 200, wages of KRW 709,250 on September 2012, and KRW 2,470,240 on September 2012, and retirement allowances of KRW 1,656,320 on September 1, 2012, without agreement between the parties to the extension of the payment date.

2. Each of the facts charged in the instant case is an offense 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 cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits

However, on April 17, 2014, after each of the instant public prosecutions was instituted, a written agreement was submitted to the effect that the victim withdraws his/her wishing to punish the Defendant, and thus all of the instant public prosecutions are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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