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(영문) 수원지방법원 2020.04.23 2019고단6907
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the representative director of C Co., Ltd., which is located in B in the eternia, and an employer who runs the manufacturing business using 16 full-time workers.

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

Nevertheless, the Defendant worked in the said workplace from February 1, 2013 to August 31, 2018, and retired from the said workplace on June 2018, as well as KRW 2.5 million of D’s retirement, [Attachment] 71,56,217, and total amount of KRW 102,840,115, respectively, did not pay 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in the crime list.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter “former Labor Standards Act”) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent in accordance with Article 109(2) of the former Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be recognized that the victims have withdrawn their wish to punish the Defendant after the instant indictment was instituted. Accordingly, the Defendant’s prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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