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(영문) 서울동부지방법원 2018.02.02 2017고단3757
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of C, a corporation with a place of business in Ansan-gu, and is a person in charge of business management of the above corporation.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 13,90,70 won in total, and 14,543,086 won in total, from August 5, 2012 to November 30, 2016, to November 1, 2016, as well as 14,543,086 won in total, of wages from August 5, 2016 to November 30, 2016, within 14 days after retirement without an agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On November 23, 2017, after the filing of the instant indictment, a statement of withdrawal indicating the intent of the victimized employee who does not want punishment against the Defendant is submitted to this court.

Dismissal of Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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