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(영문) 인천지방법원 부천지원 2014.01.14 2013고정1660
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of the Dcafeteria in Kimpo-si, is an employer who employs three full-time workers and operates the restaurant. A.

The Defendant in violation of the Labor Standards Act, from March 25, 201 to March 201, did not pay KRW 12,300,000 to the victim E, who retired on May 31, 2013, within 14 days from the date of retirement without an agreement on the extension of the payment due date.

B. The Defendant violating the Guarantee of Workers' Retirement Benefits Act

On May 31, 2013, the victim E's retirement allowance of the victim retired on May 31, 2013 did not pay KRW 3,182,690 within 14 days from the date of retirement without any agreement on extension of the due date.

2. The board of directors is a crime falling under Article 109(1) of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot institute a public prosecution against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it is recognized that the victim expressed his intention not to prosecute the defendant after instituting the instant public prosecution. Thus, the public prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act and it is so decided as per

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