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(영문) 수원지방법원 성남지원 2019.09.03 2019고단1433

근로기준법위반등

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged is the user as the representative of C(ju) who is engaged in software development business on the tenth floor of the building B in Seongbuk-gu, Sungnam-si.

When an employee dies or retires, the employer shall pay the wages, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, but the accused is working from April 2, 2018 to April 12, 2019 at the same workplace.

In February 2019, 117,310,333,340 won for March's wages, 1,333,340 won for April's wages, and 11,984,370 won for money and valuables, such as retirement allowances of 3,602,860 won, and 17,310,587 won for total of 17 workers' wages and retirement allowances, such as 17 workers' wages and retirement allowances, were not paid within 14 days from the date the cause for payment occurred without agreement between the parties to the extension of the due date.

2. The key issue is the crime of non-compliance with the intention of the victims, and since the victims expressed their intent not to have their punishment against the defendant after the prosecution, each of the prosecutions of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.