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(영문) 수원지방법원 2018.07.18 2018고단3114

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant, as the representative director C (main director) in C in C in C in the period of harmony, employs eight full-time workers and engages in metal manufacturing business.

1. The Defendant, at the above workplace, did not pay KRW 3,343,00 of the D’s wage in October 28, 2017, which was worked from September 3, 2003 to February 28, 2018 at the above workplace, and did not pay KRW 78,297,320 in total for four workers within 14 days from the date of retirement without any agreement on extension of payment date between the parties concerned, as shown in the list of crimes in the attached Table.

2. The Defendant did not pay KRW 72,965,092 of the aforementioned D’s retirement pay, and did not pay KRW 162,404,445 of the three employees’ retirement pay within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as stated in the list of crimes in the attached list of crimes.

Judgment

On the other hand, the crime of violation of the Labor Standards Act is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and the crime of violation of the Labor Standards Act under Article 109(2) of the same Act is an offense falling under Articles 44 subparag. 2 and 20(5) of the Labor Standards Act, and cannot be prosecuted against the intent expressed by each employee under the proviso of Article 44 of the same Act. Thus, according to the records, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act, since it is revealed that the employee’s wish not to punish the defendant after the prosecution of this case is instituted.