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(영문) 수원지방법원 2020.01.13 2019고정1641

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the DNA set of No. 3 of the building B, who operates the set. A.

The Defendant did not pay KRW 6.5 million in total, and KRW 2,946,667 in total, and KRW 2,567 in total, working from March 5, 2014 to June 14, 2019, within 14 days from the date of retirement without agreement on the extension of the due date, at the same place of business, from November 19, 2015 to June 14, 2019.

B. The Defendant did not pay the retirement pay of KRW 12,232,281 as well as KRW 8,309,264 as well as the retirement pay of KRW 14 days from the date of retirement without agreement on the extension of the due date.

2. Each of the above facts charged constitutes a crime of non-prosecution and thus cannot be prosecuted against the employee’s explicit intent. According to the records of this case, it is evident that each of the above workers expressed his/her intent not to be subject to criminal punishment after the institution of public prosecution. Thus, each of the above facts charged is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.