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(영문) 의정부지방법원 고양지원 2021.02.08 2020고단960
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an employer who operates the “D” as a household manufacturing business entity in the Dong-dong of the building B in Pakistan-si.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total of KRW 46,526,130 of workers’ wages within 14 days from the date of retirement without an agreement on the extension of payment period, as stated in the list of crimes in the attached Table, including KRW 8,906,00,00, which was the total of eight workers, from March 8, 2017 to December 27, 2019, retired while working in the said workplace from March 2017 to December 2019.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant did not pay the retirement allowances of KRW 58,078,946, each of six employees within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, including KRW 17,336,267, which was retired from the Defendant’s service at the same workplace from June 8, 2015 to December 27, 2019, without agreement on extension of the payment deadline.

2. The above facts charged constitute an offense against the employee’s explicit intent under Article 109(2) of the former Labor Standards Act (amended by Act No. 17862, Jan. 5, 2021); the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, it can be recognized that workers mentioned in the attached list of crimes have withdrawn their intent to punish the defendant after the prosecution of this case.

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

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