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(영문) 춘천지방법원 2021.02.08 2020고단650

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person running C in Yang-gu Yang-gun Group B, and the employer shall pay all money and valuables, such as wages, and retirement allowances, within 14 days from the time when the reason for payment occurred if the employee retires;

Nevertheless, the Defendant did not pay the total amount of KRW 17,065,902 and the total amount of KRW 54,656,734, within 14 days from the date of his retirement, as stated in the list of crimes in the attached Table, including KRW 19,312,160 of wages and retirement allowances of KRW 13,334,903 of workers D, who retired from office from the above company from around September 1, 2015 to December 31, 2019, respectively, within 14 days from the date of his retirement.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.

According to the records of this case, it is recognized that the damaged worker expressed his/her intent not to punish the defendant after filing the prosecution of this case. Thus, it is decided as per Disposition in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.