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(영문) 수원지방법원 안산지원 2018.04.23 2018고정193

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the C located in Si interest, who ordinarily employs eight workers and engages in the manufacturing industry.

Where an employee retires, the employer paid wages, compensations, retirement allowances, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, but the employee D’s retirement was working from June 18, 2012 to March 3, 2017 at the same place of business within 14 days from the date on which the cause for such payment occurred, but did not pay 4,32,580 won in total as wages, including 4,00,000 won in February 18, 2017, and 32,580 won in March 3, 2017, and retirement allowances and 19,895,550 won in total, within 14 days from the date on which the cause for such payment occurred, without any agreement between the respective parties on the extension of the payment date.

2. The above facts charged are the crimes 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, and are not 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 Guarantee of Workers’ Retirement Benefits Act.

In this regard, since the victim expressed his/her intention not to have his/her punishment against the defendant on April 3, 2018, which was after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.