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(영문) 춘천지방법원 2015.11.19 2015고단955

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant is the representative director C of Chuncheon-si and engaged in the manufacturing business, etc. using six full-time workers. (1) Notwithstanding that the employee retires, the Defendant did not pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, the Defendant did not pay the total amount of D wages 15,006,253 won, the total amount of D wages from April 1, 2012 to January 22, 2015, from 17,479,963 won, from 205 days to 22,05 days from the date of the above payment, and the Defendant did not pay the said total amount of wages within 17,479,963 won, from 205 days to 30 days from the date of the above payment, from 200 days to 30 days from the date of each of the parties’ retirement allowances within 198 days from the date of the above payment.

2. The crime of violating the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. The crime of violating the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records in D, E, F, and G withdrawal which are linked to the trial record, the said employee, the victim, following the prosecution of the instant case, was instituted. < Amended by Presidential Decree No. 26579, Nov. 16,