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(영문) 창원지방법원통영지원 2020.08.12 2020고단428
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the B hotel at the time of macroscoping, has been employed as a staff member from July 1, 2017 to May 31, 2019 at the above workplace.

The retired C’s total amount of wages of 215,480 won in January 2019, the wage of 1,648,030 won in February 2019, the wage of 1,678,090 won in March 2019, the wage of 1,678,090 won in April 2019, the wage of 1,679,670 won in May 2019, the wage of 1,651,270 won in June 2019, and the retirement allowance of 8,50,630 won in June 1, 2019, and the retirement allowance of 3,337,010 won in March 2014 without any agreement between the parties on the extension of the payment date.

2. The instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

On December 18, 2019, after the prosecution of this case, a letter of revocation of complaint indicating the victim's intent not to punish the defendant was submitted to this court.

Pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of this case is dismissed.

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