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(영문) 대구지방법원 2013.07.24 2013고정688
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of the Dagency in Daegu Jung-gu, who runs retail business using four regular workers.

The Defendant had worked in the said workplace from April 9, 2010 to July 2, 2012, and had not paid the amount of KRW 1,500,000 as well as retirement allowances of KRW 1,176,230 as of June 6, 2012, and the amount of KRW 1,50 as well as KRW 1,176,230 as of the date of retirement within 14 days from the

2. The facts charged in the instant case are crimes falling 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, a public prosecution may not be instituted differently from the victim’s express intent. According to the written withdrawal of the written complaint bound in the trial record, it can be acknowledged that the victim E expressed his/her intent not to be punished against the Defendant on June 25, 2013, which is after the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed in accordance with Article 327 subparag. 6 of the

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