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(영문) 대구지방법원 서부지원 2014.11.19 2014고정935
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates (ju)C, a real estate consulting firm in Daegu-gu B, jointly with D.

On May 2, 2012, the Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) and paid 5,203,400 won in total to four retired workers within 14 days from the date of retirement, as shown in the attached crime list, such as wages of 1,300,000, which were retired from the company around July 29, 2013.

B. On May 2, 2012, the Defendant violated the Guarantee of Workers' Retirement Benefits Act, joining the said company on or around July 29, 2013, and did not pay KRW 2,430,277 of the retirement allowances of retired workers E, and KRW 1,579,67 of the retirement allowances of retired workers on or around May 29, 2012, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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, according to the records, since a written agreement was submitted to the victims to withdraw their wish to punish the defendant after the prosecution of this case was instituted, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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