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(영문) 광주지방법원 2014.11.20 2013고단5429
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the employer who, as the representative director of D (ju) in Hayang-gun, ordinarily worked for 70 full-time workers in Hayang-gu E, Gyeyang-gu. A. The Defendant is the employer who executed the F&A (two sections).

If a worker retires, the employer should pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there is an agreement between the parties to the extension of the due date for payment, but the employer did not pay KRW 2,320,00 of the G's wages at the above construction site from March 15, 2012 to April 30, 2013, and did not pay KRW 38,387,000 for the total wages of eight workers within 14 days without any agreement on the extension of the due date for payment between the parties.

B. In the event that an employee retires, the employer paid the retirement allowance within 14 days from the date on which the cause for such payment occurred, but did not pay KRW 1,278,00 of the G's retirement allowance from March 15, 2012 to April 30, 2013 at the above construction site, and did not pay KRW 5,138,450 in total, as stated in the details of payment in arrears in the attached money and valuables, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. The facts charged in the instant case are those 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 cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records of this case, on April 2, 2014, which was after the prosecution of this case, the victim G, H, I, and I, the victim J, K, and the victim L, M, and N have withdrawn their wish to punish each defendant on September 2, 2014, and on October 10, 2014, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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