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(영문) 수원지방법원 여주지원 2016.09.07 2016고단681
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who ordinarily employs three workers at a stock company in Gwangju-si, Gyeonggi-do, and engages in manufacturing and wholesale business.

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

Nevertheless, the Defendant had worked in the said workplace from December 11, 2009 to January 31, 2016, and had not paid the amount of KRW 34,40,000 of wages and retirement allowance of KRW 17,367,949 to the retired worker D within 14 days from the time of retirement without an agreement on the extension of the due date between the parties concerned, and had not paid the amount of KRW 52,216,170 of wages and retirement allowance of KRW 24,127,319 within 14 days from the time of retirement without an agreement on the extension of the due date between the parties concerned.

2. The facts charged in the instant case are cases in which the victims cannot institute a prosecution against the express will of the victims. According to the records, the victims can be acknowledged as having withdrawn their wish to prosecute the Defendant on July 20, 2016, which was after the victims were prosecuted. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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