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(영문) 의정부지방법원 고양지원 2016.07.14 2016고단1424
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of C Co., Ltd., in the case of Pakistan, who operates the manufacturing industry with 18 full-time workers.

1. The defendant is the representative of the E company located in Seo-gu, Seo-gu, Busan, Seoyang-si, Seoyang-si, who runs the printing business using four full-time workers.

Nevertheless, the Defendant did not pay KRW 80,000,000 of the retired workers F, who worked from the said workplace from November 22, 2011 to October 20, 2014, within 14 days from the date of retirement, which is the date when the grounds for payment occurred, without agreement between the parties on the extension of the payment period.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 840,247 of the F's retirement allowance of retired workers who worked from the above workplace from November 22, 2011 to October 20, 201, within 14 days from the date of the retirement, which is the date of the occurrence of the reasons for payment, without the agreement between the parties on the extension of the payment period.

2. Each of the facts charged of the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not prosecuted 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.

On February 1, 2016, after the instant indictment was instituted, the employee F voluntarily withdrawn his/her wish to punish the Defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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