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(영문) 창원지방법원 2014.05.01 2014고단231
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the D Hospital in the window C of Changwon-si, who is an employer who ordinarily employs 50 workers and provides health services.

around September 24, 2011, the Defendant is serving as a doctor from January 16, 2008 to September 9, 2011 at the same workplace.

A retired worker E’s total amount of KRW 75,392,710, including the remaining wage amount of KRW 5,725,800 on August 2013, and retirement allowance of KRW 69,66,910 on retirement allowance, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim's explicit intent. According to the records, the facts can be acknowledged that the victim E expressed his wish not to punish the defendant on April 7, 2014, which is after the institution of the instant indictment. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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