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(영문) 수원지방법원 평택지원 2013.10.11 2013고정294
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the third representative director in Pyeongtaek-si B, who runs a special-purpose manufacturing business using four regular workers.

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

Nevertheless, from May 3, 2012 to May 26, 2013, the Defendant is working at the above workplace.

The amount of wages of 3,830,000 won for retired workers D on May 2012, shall be paid for that period.

On May 2012, 2012, wages of KRW 3,450,00 for retired E and KRW 9,165,000 for three retired workers, including wages of KRW 1,885,00 for F, etc. on May 5, 2012, did not pay KRW 9,165,000 for retirement workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Each of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and is an offense subject to no punishment against one’s own will under Article 109(2) of the same Act. Since the above victims expressed their intent not to be punished against the Defendant on August 29, 2013 after the prosecution of the instant case was instituted, a complaint and revocation thereof may be made by proxy pursuant to Article 236 of the Criminal Procedure Act. Since D was delegated by the FF and E on July 6, 2012 with all of the powers on the complaint, etc., it is also delegated by Article 236 of the Criminal Procedure Act (the title of the investigation record 4), the authority on the cancellation of the complaint (the authority to express the intention not to be punished for a crime subject to no punishment against one’s own will).

All of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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