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(영문) 수원지방법원 2020.04.23 2019고단4077
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of the Gyeonggi EmbC in the Gyeonggi Emsisisisisisisisisisisisisisisisisisisisisisisisisisi

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 did not pay the total amount of KRW 76,700,000 and retirement allowances of KRW 23,607,304 as stated in the attached crime list, as well as KRW 3,00,00,00 on April 1, 2016, which was employed and retired from the said workplace from February 1, 2012 to February 28, 2019, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. Determination

1. Defendant's legal statement;

1. Statement of D;

1. Application of Acts and subordinate statutes to the details of delayed payment of wages, average wages and retirement allowances;

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After the prosecution of this case, the victim withdraws the complaint and expressed his intention not to have the punishment.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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