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(영문) 광주지방법원 2018.04.12 2018고단478
근로자퇴직급여보장법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is the representative director of the D Co., Ltd., which is located in the C Co., Ltd. 108, who employs two full-time workers and conducts a sales agency business of commercial buildings and housing.

A. The Defendant in violation of the Labor Standards Act did not pay KRW 25,00,000,000 for the total wages of two retired workers as shown in the attached Table of Crimes, including that of KRW 50,000,000 for the total wages of 10 months from March 1, 2015 to October 31, 2016 of the retired workers E, without any agreement on the extension of the payment period between the parties, within 14 days from the date of retirement, and did not pay 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

B. The Defendant in violation of the Workers’ Retirement Benefit Security Act did not pay KRW 3,886,241 of retirement allowances to workers E who retired from the said workplace as of May 1, 2015 through December 31, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, and did not pay KRW 7,772,482 as of the total amount of retirement allowances to two retired workers as described in the attached crime list, as of the date of the payment period between the parties concerned, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties concerned.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s clearly expressed intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.

In doing so, on April 10, 2018, which was after the prosecution of this case, E and F submitted an application for a penalty not to punish each defendant on April 10, 2018. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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