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(영문) 수원지방법원 2013.04.19 2013고단290
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the K&A Co., Ltd., 303, who employs 10 full-time workers, and runs the construction business. When the employee retires, the employer shall pay the wages and all other money and valuables within 14 days from the time when the cause for such payment occurred.

Nevertheless, the Defendant, while working in the said workplace from August 3, 2010 to March 13, 2012, did not pay the wages of KRW 14,539,670 and retirement allowances of KRW 5,250,720, and wages of KRW 26,543,620 of the retired workers E while working in the said workplace from August 24, 2010 to May 23, 2012, within 14 days from the date when the cause for the payment occurred without an agreement extending the payment period between the parties concerned.

2. The facts charged in this case are crimes falling under Article 109(1) of the Labor Standards Act, which fall under Article 109(2) of the same Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the same Act. According to the records of this case, the victims can be acknowledged as having withdrawn their wish to punish the defendant after the prosecution of this case. Thus, each of the charges in this case is dismissed pursuant to Article 327 subparag. 6

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