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(영문) 의정부지방법원 2014.07.10 2014고정275
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the C representative of the Co., Ltd. Company B in Namyang-si, and is an employer who engages in a female chis manufacturing business using 25 regular workers.

The Defendant did not pay KRW 520,570, the annual leave allowances of 2012, the annual leave allowances of 2012,570, and the year-end year-end refund of 2012, the sum of KRW 77,610,180, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment of money and valuables.

B. From January 1, 2009 to January 25, 2013, the Defendant’s above workplace, including D’s remaining amount of D’s retirement pay of KRW 4,063,080, which was worked as a computer office, is clear that the Defendant’s indictment of KRW 16,27,770, total sum of 4 retirement pay in arrears, as stated in the details of the attached money and valuables in arrears, is erroneous.

B The payment was not made within 14 days from the date of retirement without agreement on the extension of the due date for payment of money between each party.

2. On the basis of a determination, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, or 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 or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

On June 24, 2014, after the prosecution of this case, victim E, F, and G withdrawn the intent to punish each defendant on June 27, 2014.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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