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(영문) 대전지방법원 홍성지원 2015.10.28 2015고단743
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The Defendant is an employer who has employed nine full-time workers from August 2013 to run a limited liability company C, which is located in B in Boli-si.

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

The Defendant worked in the foregoing company from July 1, 2014 to June 10, 2015, but retired workers D’s wages amounting to KRW 3,563,720 from February 1, 2015 to June 2015, and did not pay KRW 54,852,210 in total, including the wages and retirement allowances, etc., of nine retired workers, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as stated in the attached Form, and did not pay KRW 54,852,210 within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

Judgment

The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express

According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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