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(영문) 서울북부지방법원 2014.05.27 2013고단1364
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of D Co., Ltd., in the time of the truth-finding, who employs 18 full-time workers and carries on the manufacturing business of building materials.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, by August 2012, the Defendant did not pay wages of KRW 5,557,838, retirement allowances of KRW 4,159,024 to retired workers E while working in the same workplace until August 2012 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 Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against each victim’s express intent under Article 109(2) of the Labor Standards Act and Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the records, it is clear that the victim E expressed his/her intention not to punish the defendant after filing the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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