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(영문) 창원지방법원 2017.10.13 2017고단2135

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who runs a motor vehicle maintenance business using nine full-time workers as the representative of C in the window B of Changwon-si.

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

However, from October 5, 2009 to May 10, 2016, the Defendant did not pay KRW 19,808,219 of D retirement pay, annual allowances, KRW 5,741,500, and KRW 6,136,985, annual allowances, KRW 3,215,100, and KRW 3,215,100 of annual allowances, and KRW 14,239,723, annual allowances, KRW 4,68, 3208, and KRW 539,847, which were worked as a maintenance company from March 3, 2014 to May 10, 2016 without agreement on the extension of the due date.

2. Determination and conclusion are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. Under Article 109(2) of the Labor Standards Act, or the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, each of the above acts by the Defendant is not prosecuted against the victim’s explicit intent. According to the records, the above workers’ expression of intent not to punish the Defendant after the institution of the instant indictment is recognized. Accordingly, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.