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(영문) 서울북부지방법원 2014.07.30 2014고단1638
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative of C in both weeks, who ordinarily employs five workers and operates printing business.

1. The Defendant, at the foregoing place of business, worked from June 1, 201 to July 31, 2013, and was retired from office, did not pay the total of KRW 29,860,000 for three workers as stated in the attached crime list, as well as KRW 2,715,00 on April 4, 2013 of the retired workers D, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline.

2. The Defendant, at the foregoing workplace from June 1, 201 to July 31, 2013, did not pay KRW 21,160,741 as well as KRW 5,763,108 of the retirement allowances of employees D, who retired from office, within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

2. Determination and conclusion-finding. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparags. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, the injured workers on July 2, 2014, which was after the prosecution of this case, withdrawn their wish to punish each accused.

Therefore, 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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