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(영문) 의정부지방법원 2014.08.28 2014고단1966
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the actual operator of Category C in Scheon-si B, is an employer who operates a Cheongbachin salt processing business by using 15 full-time workers. From February 10, 2010 to August 31, 2013, the Defendant served in the foregoing workplace and retired from the said workplace and paid 1,100,000 won for August 2013, 200 for annual salary of 1,120,000 and annual unused leave allowances of 583,200 won for unused leave of September 2013, the Defendant did not pay 2,803,200 and retirement allowances of 7,311,220 won within 14 days from the date of the occurrence of the cause for payment without any agreement between the parties on the extension of the due date of payment.

2. The judgment is based on the case that cannot be prosecuted against the victim's explicit intent pursuant to Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. The records of this case acknowledged that the above worker has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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