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(영문) 부산지방법원 동부지원 2013.11.13 2013고단2199
근로기준법위반등
Text

The prosecution of this case is dismissed.

The application for compensation by the applicant is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative of the State in Suwon-gu, Busan, who is engaged in construction business by employing eight full-time workers.

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

The Defendant did not pay 35,703,90 won in total, including 30,00,000 won in workers D who worked from May 6, 2011 to February 14, 2013, and 5,703,990 won in retirement pay for 14 days after the date of retirement without agreement on extension of the due date, and did not pay 69,701,200 won in total for 69,701,200 won in the attached list of crimes, as shown in the attached list of crimes.

The Defendant did not pay 4,320,000 won of G’s wages from June 20, 2012 to July 25, 2012, to 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Judgment

The above facts charged are crimes that cannot be prosecuted against the victim's express intent under Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the fact that the damaged workers have withdrawn their wish to punish the defendant in this court after the prosecution of this case can be acknowledged. Thus, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act, and the application for compensation is dismissed (it is not a case where a conviction is declared under Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of

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