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(영문) 대전지방법원 2013.03.13 2012고단4162
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative director of the Daejeon Sung-gu Daejeon Company B, is an employer who runs a business service business by employing 15 regular workers.

The Defendant did not pay KRW 7,407,251, retirement allowance, KRW 7,946,840 in total amount of wages in December 2010, August 2011, August 8, 2011, and March 3, 2012, within 14 days from the date of retirement, without any agreement between the parties on extension of the payment date, to workers C who worked in the said company from June 23, 2008 to March 19, 2012.

In addition, the Defendant did not pay the total of 69,254,320 won of wages and retirement allowances of five workers who worked in the above company as stated in the details of the attached money and valuables in arrears within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. We examine the judgment. The crime falls under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits. Under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, the case where the prosecution of this case cannot be instituted against the victim’s express intent. According to the contents such as the withdrawal of the authenticity of the victims submitted to this court and the written agreement, the victims have withdrawn their wish to punish the defendant from February 15, 2013 to February 21, 2013, which is the date the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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