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(영문) 대구지방법원 경주지원 2020.02.13 2019고단722
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant, as the representative of C (ju) in the racing-si, who ordinarily employs not less than 20 workers and operates plant manufacturing machinery business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, while working in the above company’s place of business on October 30, 2018, did not pay KRW 3,975,000 in total, including KRW 1,650,000, monthly wage of September 2018 and KRW 2,325,000, monthly wage of October 2018, within 14 days from the date of retirement, and did not pay KRW 291,795,360 in total, as shown in the list of crimes in the attached list of crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, on January 15, 2018, the Defendant, while working in the above company’s workplace, did not pay KRW 3,296,000 of retirement allowances for retired workers E within 14 days from the date of retirement, and did not pay KRW 60,320,371 in total for three employees as shown in the attached list of crimes in the attached list of crimes.

2. The facts charged in the instant case are crimes 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, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the victim’s employee, after the instant indictment was instituted, expressed his/her intent not to be punished against the Defendant, the Criminal Procedure Act can be acknowledged.

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