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(영문) 수원지방법원 2014.11.03 2014고단5254
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is that "the defendant is an employer who manufactures metal products with the trade name of 10 full-time workers and conducts the business of manufacturing metal products, etc." The defendant did not pay 40,710,210 won in total of wages and retirement allowances to retired workers C, D, E, F, G, and H as stated in the attached list of crimes in the attached list of crimes, within 14 days from the date of retirement without any agreement on extension of the due date between the respective parties." Thus, the fact that wages are unpaid among the facts charged in this case is a crime falling under Articles 109 (1) and 36 of the Labor Standards Act and Article 109 (2) of the Labor Standards Act is a crime falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and it cannot be prosecuted against the express intent of each victim pursuant to the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. The records show that all six retirement workers in this case did not prosecute against the defendant.

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