beta
(영문) 수원지방법원 2017.07.14 2017고단2289

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of C in Young-gu, Young-gu, Gyeonggi-do, who is engaged in the manufacturing industry with 100 full-time workers.

The Defendant, while working in the said workplace from March 15, 200 to December 31, 2016, did not pay KRW 3,596,106 of D’s retirement pay of KRW 28,149,980 on July 7, 2016, and retirement pay of KRW 28,149,980 on the date of retirement without any agreement between the parties on the extension of the payment period between the parties concerned, within 14 days from the date of retirement, and did not pay KRW 70,042,838 on the total amount of wages and retirement allowances for two workers, as shown in the list of crimes in the attached Table.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not charged against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, since the facts are acknowledged after the prosecution of this case was instituted and all injured workers expressed their wish not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.