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(영문) 창원지방법원 마산지원 2021.02.02 2020고단1408
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer, who is the representative of the Dispute Resolution Co., Ltd., which is in the Chang-gu, Changwon-si, Chungcheongnam-si, and has been engaged in manufacturing business using one full-time worker.

A. From May 2, 2014 to September 30, 2019, the Defendant Company did not pay KRW 6,250,000 in total amount of D’s wages of KRW 2.625.00 in August 2019, and KRW 3,625,00 in July wage of KRW 3,625,00 in total, 6,250,000 in total, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the payment date.

B. The Defendant did not pay KRW 14,290,217 of D retirement pay to the complainants described in the preceding paragraph within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties to the extension of the payment deadline.

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 Benefit Security Act, and Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act are not charged against the victim’s explicit intent or against the same.

In this regard, according to the “written withdrawal of a complaint” and “written agreement” submitted after the prosecution, the employee D expressed his/her intention that he/she does not want to be punished against the Defendant.

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

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