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(영문) 청주지방법원 2019.11.28 2019고단204
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who employs approximately six full-time workers in Seo-gu, Seo-gu, Seo-gu, Seo-gu, who operates Steel Products Manufacturing Co., Ltd.

The Defendant violated the Labor Standards Act, from June 8, 2006 to November 30, 2018, did not pay KRW 10,199,208,00 within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment between the parties, as well as the sum of KRW 3,959,52, annual leave allowances, annual leave allowances, 2,465,070, etc. of the victim D who retired from office.

B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 82,40,650 to five employees within 14 days from the date of retirement without agreement between the parties on extension of the due date, as stated in the attached Table, as well as KRW 46,184,635 of the victim D’s retirement allowance retired while serving in the same manner and at the same time and place as described in paragraph (1).

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the written agreement submitted to this court, it can be acknowledged that the victim E, F, G, and H had withdrawn his/her wish to punish the defendant on May 17, 2019, after the institution of the instant indictment, and the victim D had withdrawn his/her wish to punish the defendant on November 28, 2019. Thus, the instant indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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