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(영문) 대전지방법원 천안지원 2014.04.24 2013고단1620
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a manager of D Co., Ltd., Ltd., located in Seoan-gu, Seoan-gu, Seoul, and twenty full-time workers engaged in distribution business. If a worker dies or retires, the employer would pay all money and valuables, such as wages and retirement allowances, within 14 days from the date of retirement unless there is an agreement between the parties on the extension of the due date. However, from November 11, 2010 to August 15, 2013, the Defendant did not pay 63,72,538 won in total, including wages, retirement allowances, and retirement allowances, for July 2013, 2013, as indicated in the separate crime list, including KRW 4,05,150, retirement allowances, and KRW 12,169,298, as stated in the separate crime list.

2. Determination: (a) The crime falls under Articles 109(1) and 36 of the Labor Standards Act; (b) Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits; and (c) Article 109(2) of the Labor Standards Act; and (d) proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the Act; and (b) according to each of the written withdrawal of each of the copies (Complaint) bound by the records of the instant case, it is recognized that the employee E, F, G, H, I, K, L, and M has withdrawn the wish to punish the Defendant on April 17, 2014, which is the date of the instant indictment, and thus, all of the instant indictments are dismissed pursuant to Article 327 subparag. 6

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