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(영문) 창원지방법원 2020.08.21 2020고정258
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant, as the representative of the D cafeteria located in the C Hospital located in Kimhae-si, provided labor from May 1, 2018 to January 17, 2019, and provided retired workers E’ wages of KRW 2,694,115, as well as KRW 7,681,615, and KRW 12,473,753, in total, KRW 133, including workers E, was not paid within 14 days from the date of each retirement without agreement on the extension of the date between the parties.

This is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, and 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.

According to the records of this case, nine workers, including E, etc., may recognize the fact that they expressed their wish not to punish the defendant during the period from April 29, 2020 to August 18, 2020, which was after the prosecution of this case was instituted. Thus, all of the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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