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(영문) 수원지방법원 안산지원 2020.05.27 2020고단513
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the representative of the C(P) in B and the first floor in Si interest cities, is an employer who runs a manufacturing business with three regular workers.

The Defendant is working in the foregoing workplace from July 1, 2017 to July 30, 2019.

D's wages of 1,00,000 won for February 3, 2019, 3,087,8888 won for each wage from April 2019 to July 5, 2019, and 90,000 won for other money and valuables (a refund for year-end tax settlement) (total 14,251,552 won), and retirement allowances of 7,060,176 won, and 2, from September 3, 2018 to July 5, 2019.

The retired E’s wage of 1,187,352 won, 5, 2019 3,846,154 won, wage of 620,340 won in July 2019, and other money and valuables (total amount of KRW 9,950,000) 450,000 (total amount of KRW 9,950,00) were not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

2. The instant case 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. Since the victims, after instituting the instant case, expressed their intent not to be punished, the instant prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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