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(영문) 의정부지방법원 2014.02.14 2014고단37
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is the C representative located in Guri-si, who ordinarily employs two workers and operates a private teaching institute (art, art, and learning) business.

The Defendant worked from June 25, 201 to June 18, 2013 at the same place of business, and did not pay KRW 350,000 of his/her retired wages in June 2013 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the due date between the parties concerned.

B. The Defendant worked in the foregoing workplace from June 25, 201 to June 18, 2013, and did not pay KRW 1,460,280 of the retirement allowances of DD that retired from office within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. Each of the facts charged in this part of the judgment is a case in which a public prosecution may not be instituted against the intent expressed by the victim under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act

However, according to the trial records, it is recognized that the employee D expressed his/her intention not to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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