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(영문) 창원지방법원 2019.02.28 2018고단3401

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is a business management officer who ordinarily employs 20 workers as C representative director Co., Ltd. located in the window B of Changwon-si and carries on automobile metal manufacturing business.

The Defendant, at the same place of business, is serving as the rash cutting hole from February 23, 2015 to July 17, 2018.

D’s total wage of KRW 6,819,00 and retirement allowance of KRW 10,928,790 from May 2018 to July 2018 were not paid within 14 days from the date of retirement.

2. The violation of the Labor Standards Act and the Act on Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the employee’s explicit intent. Since it is apparent that the employee D expressed his/her wish not to punish the Defendant as the revocation of the complaint before November 2, 2018 after the instant indictment was instituted, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.