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(영문) 수원지방법원 2020.07.22 2020고단2911
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is a person who operates a construction business chain C Co., Ltd. in Yeongdeungpo-gu, Young-gu.

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

Nevertheless, the Defendant worked in the foregoing workplace from March 1, 2005 to January 1, 2019, and did not pay retirement allowances of the retired workers E within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the payment period, for retirement allowances of 145,161 won in January 1, 2019, for retirement allowances of 9,000,000 won in retirement allowances of 2,50,000 won in other expenses, and for retirement allowances of 63,225,13 won in total.

2. The facts charged in this case cannot be prosecuted against the clearly expressed will of the victim (Article 109(2) of the Labor Standards Act, proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act), and since D and E expressed their intent not to be punished after the institution of the instant indictment, the prosecution in this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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