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(영문) 서울남부지방법원 2018.12.06 2018고단4026
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is the representative of the Geumcheon-gu Seoul Metropolitan Government Building No. 907, who employs 12 full-time workers and operates a manufacturing business.

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, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

The Defendant worked in the said workplace from July 1, 2013 to April 30, 2017, and did not pay the total of KRW 11,976,766, retirement allowances, 14,761,100, total of KRW 26,737,866, and KRW 35,862,580, total of KRW 42,762,580, and KRW 42,762,580, from March 10, 2014 to April 30, 2017, and paid KRW 26,737,8666, and KRW 15,488, and KRW 40,00, KRW 4614, and KRW 461,641, and 204, respectively, within the agreed date for retirement benefits of workers E who retired from the said workplace, from March 10, 2014 to April 30, 2017.

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

According to the records, on November 14, 2018, which was after the prosecution of this case was instituted by workers D, G, and F, the fact that workers D, G, and F expressed their intent not to be punished against the defendant.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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