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(영문) 창원지방법원 마산지원 2021.02.16 2020고단955

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who is a person in charge of the business operation of a physical training hall with 25 full-time workers in the trade name of Changwon-si, Changwon-si B, Changwon-si, which is the Co., Ltd.

[Violation of the Labor Standards Act] Defendant did not pay the total amount of KRW 36,639,256 of the wages of four retired workers at the above workplace as stated in the list of crimes attached to the attached Table at the above workplace within 14 days from the date of occurrence of the payment cause without agreement between the parties to the extension of the payment date.

[Violation of the Guarantee of Retirement Benefits for Workers] Defendant did not pay KRW 5,192,018 of D retirement pay, and KRW 9,772,055 of E retirement pay, which was worked from January 2, 2017 to October 1, 2019 at the same place of business, within 14 days from the date of retirement, which was the date of the occurrence of the cause for payment, without agreement between the parties to 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, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act are not charged against the victim’s explicit intent or against the same.

On February 15, 2020, after the closure of pleadings, each "written withdrawal" received on February 15, 2020 expressed that all damaged workers do not want to be punished against the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.