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(영문) 창원지방법원 2019.10.15 2019고단2244
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a manufacturing business by ordinarily employing approximately thirty workers as the C representative director of a limited company located at the window B of Changwon-si.

The defendant shall work as the head of the production team from August 16, 2004 to March 32, 2019 at the above workplace.

On March 2019, retired workers D paid KRW 2,754,435 and the balance of retirement pay of KRW 35,089,163 on March 3, 2019, without any agreement on extension of the due date, 14 days from the date of retirement.

2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 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 Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since the victim worker D withdraws his wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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