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(영문) 수원지방법원 2014.01.16 2013고정2126
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the D representative of the first floor of the C building in the period of harmony, who runs retail business with six regular workers.

When a worker retires, the employer shall pay the wages, and any other money or valuables, within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

The Defendant did not pay the total of KRW 3,500,000 on January 1, 2011, and the total of KRW 3,500,000 on February 2011, 201, which worked from August 20, 2009 to February 24, 201, within 14 days from the time when the cause for the payment occurred without an agreement extending the payment period between the parties concerned.

B. The Defendant did not pay KRW 4,300,000,000, which worked for the same period in the above workplace, within 14 days from the date of occurrence of the cause for payment, without a mutual agreement between the parties on the date of payment.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be punished against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written application for non-prosecution for punishment bound in the records, the victim E can be acknowledged the facts that the victim E expressed his/her intention not to punish the Defendant on January 9, 2014 after the instant indictment. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of

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