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(영문) 광주지방법원 2018.01.11 2017고단2741

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case was operated D Co., Ltd. with civil engineering and construction work business on the Gwangju Mine-gu C and the fourth floor.

A. Violation of the Labor Standards Act [2017 Highest 2741] Defendant Company did not pay the total of 60,183,636 won to 19 employees, such as the wage of 1,420,000 won of E retired workers from around December 1, 2016 when he/she worked in the said Company from around December 1, 2016, as well as the wage of 19 employees, including the wage of 1,420,00 won in the annexed crime list, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment between the parties, without agreement on the extension of the payment period between them.

B. Violation of the Guarantee of Retirement Benefits for Workers [2017 high group 4964] Defendant Company did not pay KRW 11,882,590 of the F's retirement pay to the said company from February 26, 2010 and around March 24, 2017, within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without a mutual agreement between the parties on the extension of the payment period.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

Therefore, the relevant employee of the victimized person stated that he/she did not wish to punish the Defendant from the beginning of the indictment of this case, or withdrawn his/her previous wish to punish the Defendant, and thus, [see the withdrawal of complaint and written agreement submitted on January 8, 2018, and telephone communications report (G) on January 9, 2018], the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.