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(영문) 의정부지방법원 2015.03.18 2014고단4372
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is a person who operates D in Pocheon-si C and is engaged in transportation business by using six regular workers.

The Defendant, from December 24, 2012 to March 12, 2014, did not pay KRW 4,056,264, including the total of KRW 1,258,464, and retirement allowances of KRW 2,797,80, and KRW 4,056,264, which had worked in the above D, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

2. The case is one that cannot be prosecuted against the victim’s explicit 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 of this case, it is recognized that the employee E withdraws his/her wish to punish the defendant on October 28, 2014 after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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