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(영문) 창원지방법원 2015.06.23 2015고단585

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates a manufacturing company under the trade name of “C” from G, Gyeongnam-gun.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant works as the chief of the management department from January 7, 2013 to February 7, 2014.

In addition to the failure to pay 24,050,000 won and 2,447,260 won of retirement pay of retired workers D and the total of 61,797,260 won of wages and retirement pay of 61,79,260 won as shown in the list of crimes in the attached list of crimes, each of them was not paid within 14 days from the date of retirement without agreement between the parties to the extension

2. The above determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the above victims can recognize the fact that they have withdrawn their wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.