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(영문) 서울중앙지방법원 2021.03.25 2019고정2379

근로기준법위반등

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of “C” in Gangnam-gu Seoul Metropolitan Government, is the employer of workers who worked in the above workplace.

When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant, from February 1, 2017 to March 30, 2018, did not pay KRW 5,090,000 and KRW 2,588,219 of the total amount of wages of workers D employed in the said workplace within 14 days from the date of retirement, without any agreement between the respective parties on the extension of the payment deadline.

2. The facts charged in this case cannot be punished against the victim’s explicit intent. According to the records, it can be acknowledged that the above worker expressed his/her intent not to punish the defendant after the institution of the instant indictment. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.