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(영문) 수원지방법원 평택지원 2013.09.13 2013고단990
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative director of the Co., Ltd. in Ansan-si B, who runs the furniture manufacturing business using 30 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from October 1, 2004 to August 31, 2012 at the above workplace and had not paid KRW 1,040,012 as wages of July 2012 for retired workers D, and wages of KRW 2,836,860 as wages of August 2012, and KRW 3,876,872 as wages of KRW 2,86,872 as of August 201 without agreement between the parties to the extension of the payment date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant worked in the above workplace from October 1, 2004 to August 31, 2012, and did not pay the retirement allowance of KRW 23,188,803 to D of retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

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 Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victims’ express intent. Since the victims expressed their intent not to punish the Defendant after the institution of the instant indictment, the instant indictment was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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