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(영문) 수원지방법원 2018.03.16 2017고정2684
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the defendant, as the representative director of the medical corporation E located in Osan City D, who ordinarily employs 80 workers and operates health business.

A. The Defendant did not pay KRW 4,755,40,00 in total amount of KRW 2,50,020 on November 2, 2016, and KRW 2,255,380 on January 2, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

B. The Defendant did not pay KRW 6,560,193 of the FF’s retirement allowance that was retired from office from March 2, 2014 to January 31, 2017 within 14 days from the date of retirement without any agreement on extension of payment deadline.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act that cannot be prosecuted against the victim’s explicit intent.

In doing so, according to each written agreement and written statement of non-prosecution of punishment filed in the trial records, the victim expressed his/her intention not to be punished against the defendant around February 2018, which was after the prosecution of this case was instituted.

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

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