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(영문) 광주지방법원 2014.11.12 2014고정1409
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Incorporated Stock Company C in B, who employs five full-time workers, and operates original breeding business by using five full-time workers. From October 15, 201 to March 31, 2014, the Defendant did not pay 8,460,000 won (2,350,000 won for December 23, 2013, 2350,000 won for January 235, 2014, 14,000 won for February 235, 2014, 14,000 won for retirement allowances, 4,165,40 won for retirement allowances, and 14,00 won for retirement from the date of retirement without agreement on the extension of the payment date between the parties concerned.

2. Of the facts charged in the instant case, the issue of unpaid wages is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the Labor Standards Act is an offense falling under Article 44(1) of the Guarantee of Workers' Retirement Benefits Act, and the issue of unpaid retirement allowances is not prosecuted against each victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement

However, according to the records, it can be acknowledged that the victim has withdrawn his/her wish to punish the defendant on November 10, 2014, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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