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(영문) 서울동부지방법원 2016.08.11 2016고단2078
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative director of Songpa-gu Seoul Metropolitan Government Co., Ltd. C and 201, who runs a service business using 50 full-time workers.

(a) An employer shall, if a worker retires, pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, who retired from office from office from August 1, 2008 to April 30, 2016, did not pay wages of 3,000,000 won (for April 2016), and wages of 2,200,000 won (for April 2, 2009 to April 30, 2016) to E who retired from office, without an agreement on the extension of the payment period between the respective parties, within 14 days from the date of retirement.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Nevertheless, the Defendant did not pay retirement allowance of KRW 19,002,739 to D retired from office from office from August 1, 2008 to April 30, 2016, and KRW 15,773,695 to E retired from office from office from March 2, 2009 to April 30, 2016 without an agreement on the extension of the payment period between the parties.

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

However, after the prosecution of this case, the victim D and E submitted a letter of withdrawal of the petition, stating that they do not want to punish the defendant, and withdrawn the wishing to punish the defendant.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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