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(영문) 수원지방법원 성남지원 2019.11.26 2019고단2618

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of the Co., Ltd. in the Sungnam-gu Seoul Special Metropolitan City B and the sixth-story, who runs the health care software development and supply business using 20 full-time workers.

When a worker dies or retires, the employer who has violated the obligation to liquidate money or valuables shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 191,236,704 for the arrears of six retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as stated in the attached Form’s statement, including KRW 3,406,451 of D’s work hours from June 12, 2015 to May 16, 2019.

(b) Where a worker retires, the unpaid employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the foregoing workplace from June 12, 2015 to May 16, 2019, was serving as well as KRW 25,755,812 of D retirement pay retired as well as KRW 78,395,070 in total for six retired workers, such as the statement on the details of the money and valuables in arrears in the attached Form, did not pay each amount within 14 days from the date of retirement without an agreement on extension of the payment date between the parties concerned.

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