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(영문) 수원지방법원 평택지원 2015.04.22 2015고단452
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs “C”, a painting company located in Pyeongtaek-si B.

When a worker retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant from April 1, 2012 to 2014 at the foregoing workplace.

9. A retirement allowance of 27,915,796 won for 8 retired workers, including 3,583,985 won of wages of 3,583,985 won of retired workers D, and 6,105,970 won of retirement allowance for 7 retired workers, as shown in the attached list of crimes, as shown in the attached list of crimes, did not pay 24,945,750 won of retirement allowance for 7 retired workers within 14 days without agreement between the parties to the extension of the due date.

2. Each of the facts charged above is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 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 and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, on April 1, 2015, after the prosecution of this case, the written withdrawal that all of the above workers do not want the punishment of the defendant was submitted, and the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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