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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2339

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. When a person employed in facts constituting an offense is retired, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant, as the representative of the C Co., Ltd. in Gwangju City from March 2, 2015 to February 10, 2017, paid KRW 2,375,00, retirement allowance of KRW 3,444,820, and retirement allowance of KRW 3,820, as indicated in the list of crimes in the separate sheet of crimes, did not pay the total wages of KRW 55,921,671, total wages of KRW 59,79,790,074 within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the employee’s explicit intent of the victimized party under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, it is recognized that the victimized party’s withdrawal of the written withdrawal of the written withdrawal of the complaint on November 24, 2017, which was after the instant indictment, submitted the written withdrawal of the complaint and intended to punish the Defendant, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.