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(영문) 창원지방법원 2016.07.15 2016고단1544

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The defendant is the representative director of C of the corporation with the main office in Kimhae-si, who mainly runs plastic business, and is in charge of operating the business of the above corporation.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 16,750,020 won, including 1,232,215 won on October 2015, 2015, which was retired from the said workplace as a business management employee from the said workplace from April 1, 2013 to October 31, 2015, in total, 16,750,020 won of wages and retirement allowances for 34 employees, without agreement on the extension of the payment period between the parties.

2. The facts charged in the instant case are the 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, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, it is recognized that the victims stated in the attached list of crimes expressed their intention not to be punished after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.