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(영문) 수원지방법원 2020.04.02 2020고단840
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director of the Co., Ltd., located in the G in the G in Sungsung, runs the sales business using nine regular workers.

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

Nevertheless, the Defendant had worked in the said workplace from January 2, 2017 to January 31, 2019, and had retired from the said workplace on November 2018, as well as KRW 700,000,000 for the total of three workers’ wages and KRW 4,684,931 for the retirement allowances of KRW 25,460,00 and D, such as the list of crimes in the attached Table, did not pay within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

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 “former 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 in accordance with 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 According to the records, it can be recognized that the victims have withdrawn their wish to punish the Defendant after the instant indictment was instituted. Accordingly, the Defendant’s prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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