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(영문) 대구지방법원 서부지원 2014.05.23 2013고단1581
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a C representative in the Gyeongbuk-gu District District B, who employs 25 full-time workers and operates a motor vehicle parts manufacturing business.

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

From August 10, 204 to March 31, 2013, the Defendant, at the same place of business, served as a production management position, and retired from the said place of business, did not pay the total of KRW 2,440,50,000, which was paid on January 1, 2013, and KRW 28,895,150, including KRW 21,452,150, and KRW 196,48,460, total of wages of KRW 90,879,190, and KRW 197,367,650, which was paid on February 2, 2013, and KRW 21,45,150, as indicated in the attached list of crimes in the attached list of crimes, including KRW 28,89,460, and KRW 12,367,650, including total of retirement allowances of KRW 190,879,650.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the statement of withdrawal of a complaint filed in the trial records, it is recognized that the victims withdrawn their wish to punish the defendant on December 13, 2013, which was after the institution of the indictment of this case. Thus, the indictment of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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