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(영문) 인천지방법원 2013.11.27 2013고단2816
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative of G in Seo-gu Incheon, is an employer who operates food manufacturing business, employing 10 full-time workers.

The Defendant had worked from September 7, 2010 to October 27, 2012 at the above workplace, without an agreement between the parties on the extension of the payment date, and had not paid KRW 990,455 on April 4, 2012 as wages of H within 14 days from the retirement date which is the date on which the cause for payment occurred, and did not pay the total amount of wages of 35,224,847 won to 5 workers within 14 days from the retirement date which is the date on which the cause for payment occurred, as stated in the attached Table, without any agreement on the extension of the payment date between the parties concerned.

B. The Defendant did not pay KRW 4,314,835 of the above H’s retirement pay at the above workplace within 14 days from the date of the retirement, which is the date of the occurrence of the cause for payment, and did not pay KRW 44,845,044 in total for five employees, as stated in the attached Table, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date between the parties.

2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to each written withdrawal of complaint received by the court, it can be recognized that the above workers have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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