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(영문) 창원지방법원 통영지원 2019.10.16 2019고단99

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant works as the head of the finance team at B Co., Ltd. from January 1, 2015 to July 31, 2015, and the head of the finance team at C Co., Ltd from August 1, 2015 to August 5, 2018, respectively.

From January 1, 2015 to August 5, 2018, 407,08,765 won and retirement allowance 27,203,031 won were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. The instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

On October 16, 2019, after the prosecution of this case, a letter of revocation of complaint indicating the victim's intent not to punish the defendant was submitted to this court.

Pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of this case is dismissed.