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(영문) 수원지방법원 안산지원 2018.12.20 2018고단4029

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the C in Ansan-si, is an employer who runs a manufacturing business using 35 full-time workers.

A. An employer in violation of the Labor Standards Act did not pay wages, compensations, and other money and valuables within 14 days from the date on which the ground for such payment occurred to May 15, 2018 as wages of D from March 1, 2018 to May 15, 2018; KRW 472,120; KRW 8,367,04; KRW 8,344; and KRW 8,367,044 of the annual settlement refund from September 1, 2017 to May 28, 2018; and KRW 9,501,57, KRW 757; and KRW 4636,47; and KRW 537,47, May 28, 2018 of E’s working from around March 1, 2018 to May 28, 2018; and

B. In the event a worker retires, the employer violating the Act on the Guarantee of Retirement Benefits of Workers has not paid wages, compensations, and all other money and valuables within 14 days from the date on which the ground for such payment occurred, but the Defendant did not pay KRW 23,365,187 of the aforementioned D retirement benefits within 14 days from the date on which the ground for such payment occurred without the agreement on the extension of the payment period between the parties concerned.

2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records acknowledged that the victim E and D have withdrawn their wish to punish the Defendant after the instant indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.