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(영문) 광주지방법원 2015.04.01 2015고단522
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the representative director C, the director of the Seoul Special Metropolitan City Co., Ltd., located in the Jeon-nam Special Metropolitan City Co., Ltd., who runs a manufacturing

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, on October 1, 2014, the Defendant retired from the above workplace on July 1, 2014, 1,764,000 won, and the same year.

8. Wages of 1,764,000 won, and the same year.

9. The wages of KRW 1,764,00 and retirement allowances of KRW 2,770,000, total of KRW 8,062,00 have not been paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination is the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 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 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, on February 2, 2015, after the institution of the instant prosecution, the withdrawal letter of victimized workers D was submitted to the court. According to the withdrawal letter, D expressed its wish not to punish the Defendant.

Therefore, the above facts charged constitute a case in which the victim expressed his wish not to prosecute a case which cannot be prosecuted against the victim’s explicit wish, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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