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(영문) 의정부지방법원 2015.09.14 2015고정1873
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The defendant in the factory room is a person who operates the (State)C in Namyang-si, Namyang-si, and a user who runs the wholesale and retail business of household goods by using two regular workers.

1. The Defendant in violation of the Labor Standards Act did not pay the wages of four million won in May 1, 2014, which he/she worked at the said workplace from May 1, 2013 to August 15, 2014, the wage of four million won in June 2014, the wage of four million won in July 2014, the wage of four million won in August 2014, the total of ten million won in August 2014, and ten million won in total, within 14 days from the date of retirement without agreement on extension between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 5,060,150 of D retirement allowances, which worked at the aforementioned workplace from May 1, 2013 to August 15, 2014, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

Each of the facts charged above is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Article 44 subparag. 1 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim’s express intent 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.

However, according to the records, it can be recognized that the victim worker D expressed his/her intent not to be punished for the defendant after filing the prosecution of this case. Thus, 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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