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(영문) 대전지방법원 천안지원 2014.06.26 2014고정462
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative of the Co., Ltd. (State)C in Asia, and is a full-time worker who runs a steel manufacturing business using ten full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 16,473,120, total amount of money and valuables, including KRW 1,605,950,950 in July 7, 2013, and KRW 3,210,10 in January 2014, and KRW 16,473,120 in the said workplace as business directors from November 18, 201 to January 31, 201, and KRW 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. We examine the judgment. The crime falls 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 express intent pursuant to 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, the victim D can be aware of the fact that the victim D withdraws his/her wish to punish the Defendant on or around June 24, 2014, after the prosecution of this case was instituted. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of

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