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(영문) 대구지방법원서부지원 2020.08.11 2019고정652
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the operator of Gyeong-gun, Seongbuk-gun, Seongbuk-gun, who runs a motor vehicle parts manufacturing business using five regular workers.

When a worker retires, an employer shall pay the worker wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

The defendant works in the above workplace from April 1, 2019 to April 20, 2019.

A retired worker D shall work from November 14, 2017 to May 4, 2019, as wages of 1,210,273, and as wages of 14, 2017 to 4, 2019.

A retired worker E’s wage of 2,00,000 won on December 2, 2018, wage of 2,000, wage of 2,000,000 won on January 1, 2019, wage of 2,000,000 won on February 2, 2019, wage of 2,00,000 won on March 3, 2019, wage of 2,00,000,000 won on April 2, 2019, wage of 11,480,273 won on May 270, 2019, and worker E’s retirement allowance of 2,967,733 won on the date of payment without agreement on the extension of the payment period.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter the same) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the former Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it is recognized that the above worker withdraws his/her expression of intent to punish the defendant after the instant indictment, and thus, the instant indictment in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal

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