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(영문) 대구지방법원 포항지원 2014.01.22 2013고단482
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant in the facts charged in the instant case is the representative director of C, a company located in Northern-gu, North Korea-si, who runs a manufacturing business with seven full-time workers.

When a worker retires, the employer shall pay the retirement allowance, wages, compensation, and all other money and valuables within 14 days after the cause for such payment occurred.

The Defendant worked in the above workplace from September 1, 2006 to February 28, 2013, and paid 24,359,770 won in total, including the amount of wages of 8,640,000 won (2.160,000 won x 4 months) from November 2012 to February 2, 2013, of retired workers D, and of 13,004,870 won in total, including the amount of retirement allowances of 15,719,70 won from the retirement date of the above worker, within 14 days from the retirement date of the above worker, and did not pay 14 days from the retirement date of each retirement.

2. The facts charged in the instant case are crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, Articles 109(1) and 36 of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act provides that a public prosecution may not be instituted against the victim’s express intent. According to the records, the facts can be acknowledged on January 17, 2014, which is after the institution of the instant public prosecution. Thus, all of the instant public prosecutions are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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