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(영문) 수원지방법원 여주지원 2014.07.14 2014고정204
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the credit rating company C, which is in the credit rating company B, and is an employer who operates a wood product manufacturing business using five regular workers.

The Defendant did not pay KRW 46,145,902, in total, within 14 days from the date of his/her retirement without an agreement between the parties on the extension of the due date for payment, as shown in the attached list of crimes, such as wages of KRW 2,922,226, June 6, 2012 of D, which had been working in the said workplace from December 1, 201 to October 31, 2013.

B. The suspect did not pay D retirement allowance of KRW 6,292,878, which was worked from December 1, 201 to October 31, 2013 at the same place of business, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment.

2. On the one hand, the above facts charged are crimes falling under Articles 109(1) and 43 of the Labor Standards Act, subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act may not be prosecuted against the victim's explicit intent.

However, according to the contents of each agreement received by this court on July 4, 2014, it can be recognized that the above worker withdraws his/her wish to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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