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(영문) 수원지방법원 평택지원 2014.08.12 2014고단800
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the person who is the representative of the (ju)C in Ansan-si, employs 10 full-time workers and operates a furniture manufacturing business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from June 1, 2005 to March 15, 2014 at the above workplace.

D's retirement of KRW 96,595,272 in total for nine retired workers, as shown in the attached list of crimes, such as wages of KRW 2,800,00 in July 2013, did not pay each amount within 14 days from the date of retirement, without any agreement on the extension of the due date.

2. An employer who violates an employee retirement benefit assistant business shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred, in case where the employee retires.

Nevertheless, the Defendant is working from June 1, 2005 to March 15, 2014 at the above workplace.

The retirement allowance of 24,624,659 won of retirement allowance of D, as shown in the attached list of crimes, did not pay 69,717,275 won in total to 8 retired workers within 14 days from the date of retirement, without any agreement on extension of the due date.

2. The facts charged in the instant case are crimes 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, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records of the instant case, it is recognized that all of the instant workers have withdrawn their expression of intent to punish the Defendant after the instant indictment. Thus, all of the instant workers are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act and are so decided as per Disposition

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