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(영문) 대전지방법원 서산지원 2014.02.06 2013고정188
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a C representative in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and an employer who runs restaurant business using three full-time workers.

The Defendant, at the same place of business, has been employed as a volunteer assistance from January 17, 201 to October 13, 2012.

D's wages of 50 million won for January 201, 201, 500,000 won for February 201, 50,000 won for wage for March 201, 50,000 won for wage for March 2011, and 683,740 won for wage for October 201, retirement allowance 2,82,990 won for retirement, and 5,006,730 won for wage for October 201, without agreement between the parties on extension of the due date for payment, were not paid within 14 days from the date of retirement.

2. The determination is based on the case that falls 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 under 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, the victim may be found to have declared his/her wish not to punish the Defendant on January 10, 2014, after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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