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(영문) 대구지방법원 서부지원 2019.11.28 2018고단2404
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Daegu District Court on September 8, 2017 and three years of suspended execution, which became final and conclusive on the 16th of the same month, and is currently under suspended execution.

【Criminal Facts】 The Defendant is the operator of C Co., Ltd. in Daegu-gun Group B, who runs a manufacturing business using three regular workers.

When a worker retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within fourteen days after the cause for such payment occurred.

The Defendant is employed by the said company as an employee from December 9, 2015 to October 1, 2017.

D’s total amount of KRW 41,240,000 and retirement allowances of KRW 3,53,901, including wages of KRW 1,00,000 on October 2017, were not paid within 14 days from the date of the retirement without an agreement on the extension of the payment deadline.

2. The facts charged in the instant case are those 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, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act

However, according to the records, it can be recognized that the worker D expressed his/her intention not to punish the defendant after the public prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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