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(영문) 서울남부지방법원 2018.07.19 2017고정1775

근로기준법위반등

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is the representative of Geumcheon-gu Seoul Metropolitan Government Co., Ltd., which is a building A 705, and runs software development business using two full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from May 9, 2016 to December 23, 2016 and retired from office, and had not paid the total of KRW 5,58,660 for two retired workers within 12,548,660 from each retirement date without agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table, including KRW 5,58,660, which included the total of KRW 2,020,00,000 of the wages of October 2, 2016.

(b) Where an employer retires, he/she shall pay a retirement allowance within 14 days after the grounds for such payment occurred;

Nevertheless, the Defendant did not pay KRW 5,807,59 of the retirement pay of E retired on December 31, 2016 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the will expressed by the victim pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, on February 14, 2018 and July 9, 2018, after the prosecution of this case, E submitted a written withdrawal of each complaint to this court and expressed his/her wish not to punish the defendant.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.