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(영문) 창원지방법원 2014.11.25 2014고단2421
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C in Kimhae-si, who employs nine full-time workers and operates a manufacturing business.

From May 6, 2009 to January 31, 2014, the Defendant did not pay the wages of 20,920,000 won for retired workers D, 675,240 won for year-end settlement, retirement allowance of 14,65,151 won within 14 days from the date of occurrence of the cause for payment without an agreement on extension of the due date for payment, as shown in the attached list of crimes in the attached list of crimes, and did not pay the wages of Da, E, wages of 85,071,225 won for total amount of retirement allowance within 14 days from the date of occurrence of each cause for payment, as described in the attached list of crimes.

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 Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, each damaged worker as stated in the attached list of crimes can be acknowledged as having expressed his/her wish not to punish the Defendant after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6

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