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(영문) 서울서부지방법원 2018.07.20 2018고정409
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who is a full-time three representative in Yongsan-gu Seoul Metropolitan Government who is engaged in a service business by employing three full-time workers.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the amount of KRW 4,680,00 as the total amount of KRW 1,80,000 in June 6, 2016, which was retired from the said workplace from employment from June 2016 to September 25, 2016, KRW 2,344,00 in July of the same year, KRW 192,00 in August of the same year, KRW 34,00 in September of the same year, and KRW 4,680,00 in September of the same year without an agreement between the parties on the extension of the payment date.

2. Violation of the Labor Standards Act due to unpaid wages, and violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits), and on February 2, 2018, D expressed his/her intention not to be punished by the Defendant. Thus, the instant public prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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