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(영문) 창원지방법원 2017.05.17 2017고정322
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a health business under the trade name of “C hospital” in Changwon-si, Changwon-si B.

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

Nevertheless, the Defendant did not pay KRW 1,781,570 of wages, and other allowances, KRW 755,996, retirement allowances, KRW 5,218,733 of the D’s retirement that he/she retired from the said workplace as a nurse from December 29, 2014 to August 1, 2016, without any agreement between the parties on the extension of the payment deadline.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, 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 pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be known that the above D submitted a written withdrawal of complaint stating that he/she does not want to be punished against the Defendant on May 17, 2017, after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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