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(영문) 춘천지방법원 원주지원 2017.06.20 2017고단384
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 37 full-time workers as a representative of the medical corporation C Medical Foundation (D Hospital) located in Gangwon-do Crossing-gun B and operates medical business.

A. Violation 1 of the Labor Standards Act) The Defendant, from March 25, 2015 to August 10, 2016, did not pay KRW 2,733,710 of the victim E, who retired from the said workplace, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment period.

2) The Defendant did not pay KRW 2,603,360 on September 10, 2016, which was the date of the regular payment of wages, to the victim F working as the head of the administrative office at the said workplace.

B. The Defendant who violated the Workers’ Retirement Benefit Security Act did not pay KRW 3,224,700 of retirement allowances E of the victim who retired from office as a physical treatment worker from March 25, 2015 to August 10, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

2. Each of the above facts charged is an offense falling under Articles 109(1), 36, and 43 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, 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 Act on the Guarantee of Workers’ Retirement Benefits. According to the records, it can be acknowledged that the victims expressed their intent not to punish the Defendant after the prosecution. Accordingly, all of the prosecutions of this case are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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