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(영문) 부산지방법원 동부지원 2015.07.21 2015고정611
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C Co., Ltd. in Busan Suwon-gu B, who runs a construction business with five regular workers.

From June 27, 2014 to October 15, 2014, the Defendant served as the chief of the general affairs division in the pertinent workplace and worked as an accounting position in the said workplace from May 19, 2014 to October 24, 2014, and did not pay KRW 3,104,830 in total, KRW 5,812,830 in total, and KRW 5,830 in total, for retired workers E, within 14 days from the date of his/her retirement without any agreement between the parties on 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 cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the records, it can be acknowledged that workers D and E have withdrawn their wish to punish the Defendant after the prosecution in the instant case. Thus, the prosecution in the instant case is dismissed under Article 327(6) of the Criminal Procedure Act.

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